When a judge first barred the Connecticut Law Tribune from publishing an article on a child custody dispute, First Amendment lawyers and media experts noted that prior restraint of the press was usually reserved for matters involving public danger or a national emergency.
But court documents unsealed Dec. 3 reveal that Superior Court Judge Stephen Frazzini saw the issue differently. In a written decision upholding his order, Frazzini cited less heralded cases involving the release of names of juvenile lawbreakers and rape victims. Far from national security needing to be at risk, he wrote that publication can be stopped if doing so will prevent an “evil,” which includes damage to a child’s emotional well-being.
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