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[QUOTE]Originally posted by David Sands: [QB] OK, I think there needs to be some clarification here with the swipe at Justice Scalia regarding his limitations on the press during his talks. If you are referring to the speech he gave at Presbyterian Christian High School in April, Scalia never directed the marshal to confiscate and destroy the recording made of his speech. He personally apologized to the reporters. He has since instructed his security detail not to obstruct such recordings. As for broadcasting his speeches, it is perfectly within his right as private citizen to condition what will and will not be recorded when he is gracious enough to speak to groups. People have such a distorted view of freedom of the press. The protection prevents the government from restricting the rights of the press to say what they want, not the right of the press to impose whatever conditions of publication its deems appropriate on a non-governmental actor protecting conduct they think appropriate to keep less-than-fully public. When he is acting outside the confines of his office, there is nothing unconstitutional or illegal about what he is doing. While he is a public figure, there is no legal doctrine that eliminates his right to set the conditions under which he will have these talks. And those kinds of conditions are more common among judges than most realize. In fact, knowing that he hears constitutionally contentious controversies that could be used for political purposes, it is his duty to impose conditions that minimize whatever political involvement would result from taking his words out of context. See the American Bar Association's Model Code of Judicial Conduct, Canon 5(D). [/QB][/QUOTE]
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