The Pentagon against Larri of FlintMedia - the magnate has lost the claim to the American military censorship
a freedom of speech
Appeal court of the USA across federal district of Columbia has made the decision that journalists do not have constitutional law to be in a zone of operations for the purpose of illumination of military operations. The American mass-media have dual feeling. On the one hand, in a role of the defender who has lost the claim of a freedom of speech infamous pornomagnate Larri Flint acted, with another - being based on this judgement, the Pentagon can expel all independent journalists from Iraq and Afghanistan and to represent to world community only the official version.
fight of tireless Larri of Flint, the founder of sex magazine Hustler, against the Pentagon has begun right after events on September, 11th, 2001. When it became obvious that military operation in Afghanistan becomes ripe, Hustler has sent in the Minister of Defence a paper with the request to accredit two journalists at the American armies in Afghanistan. The first inquiry remained without the answer. And on the repeated the answer has come what to attach reporters Hustler to the advanced armies there is no possibility, but it have promised a place in the rear parts providing delivery of the humanitarian help. It has infuriated the publisher, and on November, 16th, 2001 it has brought an action against the Minister of Defence of the USA and its head Donald Ramsfeld. Referring to the first amendment to the constitution of the USA, he declared what to deprive of the journalist of access to the information illegally and the Pentagon breaks a freedom of speech.
it is necessary to tell, the American courts already had to assort similar claims. During time “ Storms in desert “ liberal magazine The Nation too tried to have legal proceedings with the Pentagon, to the blocked journalists access to Persian gulf. Business has been closed, as war by the time of hearings has already ended. And Larri Flint in 1983 had legal proceedings with Ronald Reagan`s administration, demanding free illumination of intrusion to Grenada.
however, the relation of the public to Larri to Flint and its courts always was not too serious. Business against the Saint Dzherri Folvela accusing Hustler in slander was its most sensational process, - this history even has laid down in a basis of the Hollywood film “ the People against Larri of Flint “. In that business the Supreme court has supported the pornomagnate covered with the first amendment to the constitution, guaranteeing a freedom of speech. However since then trial subjects became more serious, and judicial authorities were not so favourable to the mister to Flint.
the court of the first instance considered the claim of Larri of Flint to the Pentagon in the winter of last year, just on the threshold of war in Iraq. The pornopublisher has lost, as the court has decided that the Pentagon has not broken the law (correspondent Hustler nevertheless has gone to Afghanistan, though and on the terms of military men). Besides, in the total conclusion judge John Friedman has made a reservation that the first amendment should be observed strictly. Larri Flint has considered also such decision as the victory and has appealed. But the decision of appeal court of the USA across federal district of Columbia shocked not only it, but also all journalistic community of the USA. The court has decided that the first amendment guarantees the right of the journalist to the publication of all information available for it, but at all does not mean that the authorities should give it access to a source of news. “ the press does not have constitutional law on prikomandirovanie journalists to the armed forces of the USA conducting operations, - is told in the court conclusion, - we have not found out anything similar neither in the constitution, nor in the American history that could confirm the claim “.
the appeal court Decision on business “ Flint against Ramsfeld “ is important precedent - the general formulation of a verdict is beyond concrete litigation and can cause restrictions of activity of war correspondents as a whole. “ it is very disturbing “ - has declared the head of committee “ Reporters for freedom of the press “ Lucy Dalglish. “ I hope that this decision will not be used to clean news mass-media from military men “ - the head of Associated Press Stewart Uilk has shared fears.
MICHAEL - ZYGAR