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Newspapers sue to lift gag order imposed on Earth First! jurors
OAKLAND — Two newspapers filed a motion Monday to lift a gag order imposed on jurors in the federal lawsuit two Earth First! activists brought against the FBI and Oakland police.
U.S. District Judge Claudia Wilken told jurors they could not discuss the case with anyone but their families until all appeals are done — a process that could take years.
The San Francisco Chronicle and the Oakland Tribune asked Wilken to vacate the gag order, arguing it violates the jurors’ First Amendment rights, does not satisfy the legal requirements for restraining speech and does not have procedural safeguards.
The jurors last week returned a $4.4 million verdict in favor of the two environmentalists, Darryl Cherney and the late Judi Bari.
The jury found that six federal agents and police officers investigating a 1990 car bombing in the activists’ car violated the pair’s constitutional rights.
The gag order will keep lawyers from finding out why jurors came to their decision — information that could be useful in appeals. It also keeps jurors from talking to the newspapers about their deliberations.
The newspapers asked Wilken for a hearing on the matter no later than June 21.
