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1 Commonwealth of Pennsylvania House of Representatives Committee on Judiciary

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1 Commonwealth of Pennsylvania House of Representatives Committee on Judiciary I 1 COMMONWEALTH OF PENNSYLVANIA HOUSE OF REPRESENTATIVES COMMITTEE ON JUDICIARY In re: House Bills 1351 and 1362 *• * * * * Stenographic report of hearing held in Room 418, Minority Caucus Room, Main Capitol Building, Hamsburg, PA Thursday, September 26, 1991 12:00 noon HON. THOMAS R. CALTAGIRONE, CHAIRMAN Hon. Kevin Blaum, Subcommitte Chairman on Crimes and Corrections MEMBERS OF COMMITTEE ON JUDICIARY Hon. Gregory C. Fajt Hon. David J. Mayernik Hon. James Gerlach Hon. Jeffrey E. Piccola Hon. Lois S. Hagarty Hon. Robert D. Reber Hon. David W. Heckler Hon. Karen A. Ratter Hon. Frank LaGrotta Also Present: Hon. Peter J. Daley David Krantz, Executive Director Galina Milahov, Research Analyst Ken Suter, Republican Counsel Reported by: Ann-Marie P. Sweeney, Reporter ANN-MARIE P. SWEENEY 3606 Horsham Drive Mechanicsburg, PA 17055 717-732-5316 2 INDEX PAGE Hon. David J. Mayernik, Prime Sponsor, HB 1362 4 Hon. Peter J. Daley, Prime Sponsor, HB 1351 5 Pam Morn s-Smi th , Director, Rape Crisis Center, 35 Inc., Brookville, PA Gail Rawlings, Public Policy Analyst, 106 Pennsylvania Coalition Against Rape William Northrup, Chairman,, Governmental Affairs 53 Committee, Pennsylvania Newspaper Publishers Association; Publisher, Washington Observer Reporter Stephanie Grubert, Incoming President, PNPA; 61 Editor/Publisher, Mountain Top Eag] e James C. Kevlin, Editor, Pottsville Republican 65 John V.R. Bui], Assistant to the Editor, 70 Philadelphia Inquirer; Representing - The First Amendment Coalition The Pennsyvlania Association of Broadcasters The Association Press Managing Editors Assoc. The Greater Philadelphia Chapter of the Society of Professional Journalists APPENDIX 124 3 CHAIRMAN CALTAGIRONE: We'll start the public hearing on the legislation which bans the publishing of sexual crime victims' names and we're dealing with House Bill 1362 and House Bill 1351. I'm Chairman Tom Caltagirone from the city of Reading, county of Berks, and if the other members of the panel and staff will please introduce themselves for the officia] record. We'll start at my right and work over. MR. KRANTZ: David Krantz, Executive Director, House Judiciary Committee. REPRESENTATIVE MAYERNIK: Dave Mayernik, State Representative, Allegheny County. MR. SUTER: Ken Suter, Republican Counsel. REPRESENTATIVE REBER: Bob Reber, Montgomery County. REPRESENTATIVE GERLACH: Jim Gerlach, Chester County. MS. MTLAHOV: Galina Milahov, Democratic Research Analyst. CHAIRMAN CALTAGIRONE: And we'll start off with Representative Mayernik, who would like to make a few statements for the record. i 4 REPRESENTATIVE MAYERNIK: Thank you, Mr. Chairman. I welcome and I applaud you for having this meeting today on Representative Daley's bill and my own, House Bill 1362, so that we could get input from the public regarding our proposals. My reason for introducing this was similar to one that was spurred from the Smith incident in Florida, and that was releasing the individual's name to the news media, and T realize that we cannot restrict the news media under freedom of press of taking away the name or not releasing the name, but what we can do, and that's what my intent of the bill is, is to prohibit the law enforcement agencies from releasing the name of the victim unless they requested that the name be released. And this would only be until a prima facie case is established, and it's basically to protect from notoriety or scandal, and that's the basic premise behind this legislation. Now, it's still m its infantile stages and I look forward to comments so that we can further mold this and help bring it to law, and I look forward to working with Representative Daley. Also, at this time I would like to apologize to some of the witnesses because I'll be 5 leaving shortly, since I thought the meeting was originally at 11:00 T have a meeting scheduled in my district, so if you see me get up and walk out it's not because T don't want to hear your testimony, it's because of the time schedule for our trip to Pittsburgh. So again, I would like to thank the Chairman for permitting me to have the bill brought forward today and I will be reviewing the testimony at a later date. Thank you. CHAIRMAN CALTAGIRONE: Thank you. Representative Daley for some comments. REPRESENTATIVE DALEY: Thank you, Mr. Chairman. I have with me Joseph Riccardo. He's on our legislative staff here and helped me to put together this legislation and also the subsequent amendment that we're going to talk about today. I do have some prepared notes and I don't know if I'm going to quite use those since I feel that this matter may be better presented extemporaneously than with prepared text. Again, I want to thank you, Representative Caltagirone, for having this hearing. I think it's of vital concern. The constitutional 6 requirements of and privilege of freedom of the press and freedom of speech is something that inherently is guaranteed m our Constitution by our forefathers and it is one of what we consider the 10 initially most important rights that we have in the Bill of Rights, the first 10 amendments. But those constitutional rights are not unlimited. The freedom of the press and the freedom of speech are not unlimited rights. They are limited when they intrude upon someone else's fundamental freedoms and rights. As Representative Mayernik stated, probably the catharsis for our legislation was now what is being considered a very notorious case involving William Kennedy Smith in the State of Florida m which the State of Florida has a law that does not permit anyone from disclosing the name or identity or address or any information whereas can identify the name or address or identity of that individual. Now,'we know that what had happened, and I guess maybe if it wasn't a Kennedy maybe national attention would have not have been focused, but the New York Times and NBC and one of the national tabloids decided in their lust to get the story first, what we now consider the hard copy mentality of some of the media, and that's not all the media, to print the story first, went to great lengths 7 to find out the name of this particular individual. I have talked to a number of women, a number of women's groups throughout Pennsylvania concerning this issue, and the women of Pennsylvania that are intimately involved with this issue and have dedicated their lives to fry to extinguish some of the problems and the stigmatisms that are attached to the rape issue feel that the American women and the Pennsylvania women were raped twice - allegedly raped by Mr. Smith and then raped once again by the media. House Bill 3 351 is a response to that. It's a first step. It's a small step. And Representative Mayernik's bill is also another step. We feel it's necessary to protect victims through this process with confidentiality until the institution of criminal proceedings begin. This restriction applies to law enforcement officials and prosecuting attorneys and excludes individuals subject to the investigation or to the attorney of that individual. Basically, this was a balance - personal privacy, personal privacy rights versus constitutional freedoms of the press. The general attitude of the media has been, and I've read editorials throughout our fruited plain that states that if it ain't broke, don't fix it. And as a matter of fact, whether Dave and I 8 introduced our legislation many of the rape groups ]n Pennsylvania said, well, we don't really know or believe that there might be a problem out there. Rut as this situation unfolded we found out that indeed it was a problem because a number of small papers throughout Pennsylvania decided to take it upon themselves not to identify the woman involved in a rape situation but to give her home address or her business address where she worked. Now, we find that sort of the old Statute of Liberty play, and of those of us who play football know that's when the quarterback goes back and holds the ball back and someone does the old end run, and that's basically what we had here with the media. We think this is wrong. The medaa tends to say that at's a First Amendment right to put into the paper and let the public know what it feels the public should know. The constitutional argument of freedom of the speech and press is something that the media generally tend to fall back on. Cases in point, I think it was U.S. vs. Ginsberg, and U.S. vs. New York Turnes. Editorial boards establish these policies, that's what we hear. Editorial boards and publishers and those people in the decisionmaking capacity have an unwritten rule. The unwritten rule is not to print the name. But editorial q boards change, publishers change, editors change, writers change, and society changes. And we're at the point now where this society is changing. An unwritten policy may not be good enough. If you ever asked a member of the media, where did you get your information, they will immediately surround themselves with the First Amendment, in fact, to protect the name and disclosure of their sources. But isn't that ironic that they want to disclose the name of a woman that's raped or an individual that is sexually abused? In consultation with a number of groups, we've decided to take a larger step forward and we're going to present to the committee an amendment, Amendment 2439, that makes a bold step forward.
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