• by Ray Schultz , July 7, 2022

Journalists scored a victory in Florida last week when 12^th Circuit Judge Charles Williams vacated an injunction preventing the Sarasota Herald-Tribune from publishing the names of sheriff’s deputies who killed a man during an eviction. The judge said the ban would violate the First Amendment. 

The deputies had sought to apply Marsy’s Law, a victim’s right law that, among other things, protects crime victims from having their identities disclosed if they so wish. The officers claimed they qualified as victims because the man who was killed came at them with a knife.  

Reporters on the paper had made a public records request for a letter signed by a chief assistant state attorney and were able to identify the deputies by their last names, but this apparently was viewed as an accidental disclosure. An emergency injunction barring the Herald-Tribune from publishing the deputies’ names was issued on June 10.  

The case raises the question of whether salaried police officers can be regarded as victims because they face risks on the job. The Herald-Tribune says no.    

"A fatal shooting by law enforcement officers is a matter of enormous public concern,” said James Lake, an attorney for the Herald-Tribune, according to the paper. “The Herald-Tribune fought to share this information with its readers, and we are glad today’s ruling will clear the way for that,"  

Lake added, "The Sheriff’s Office and State Attorney’s Office should never have asked for an injunction in the first place. If the First Amendment means anything, it means the government doesn’t have authority to censor the news."  

Hiding the deputies’ names “does not promote confidence, transparency and accountability,” said Michael Barfield, from the Florida Center for Government Accountability, on station WFLA. “And it, in face, erodes public faith in law enforcement, which is the last thing we need right now.” 

Following the case, the Sheriff’s office released photos of the three officers involved in the incident, only two of which had been identified as victims. The office said the issue is resolved in the 12^th circuit, but will be decided statewide by the Florida Supreme Court. 

In addition to the First Amendment issue, the case is likely to revive debate about uneven application of the Marsy’s law provision throughout the state.  Some jurisdictions automatically redact names in public records, others do not. 

The law—and others like it throughout the nation—was named after Marsalee (Marsy) Ann Nicholas, a college student who was slain by her ex-boyfriend. Her grieving parents were unaware the perpetrator was free on bail until they were confronted by him. 

The laws seek to provide victims with protections that are equal to those enjoyed by defendants.