Maryland, DC, Delaware Press Association January 2003 newsletter:

St. Mary’s Today Decision Reversed by Court

In strong language, the 4th U.S. Circuit Court of Appeals reversed the decision of a district and ruled in favor of the weekly St. Mary’s Today, whose election day edition was completely bought out by government officials in 1998.

The court said the St. Mary’s County Sheriff Richard Voorhaar and his subordinates violated the civil rights of the newspaper, owned by Kenneth C. Rossignol, when they bought stores out of stock of the newspaper the night before an election. The issue contained an unfavorable story about a candidate who was supported by the sheriff.

The court said the actions were a "classic example" of government censorship.

"In suppressing criticism of their official conduct and fitness for office on the very day that voters were heading to the polls, defendants did more than compromise some attenuated or penumbral First Amendment right; they struck at its heart," the court said.

U.S. District Judge William M. Nickerson had granted the defendants summary judgment on Rossignol’s claims and dismissed them last February. The appeal was argued before the 4th Circuit on Oct. 30 and the MDDC Press Association joined several other press organizations in an amicus brief in support of the appeal.

A three-judge panel of the 4th Circuit reversed the lower court decision on Jan. 16.

In that opinion, Chief Judge J. Harvie Wilkinson III wrote, "The incident may have taken place in America, but it belongs to a society much different and more oppressive than our own.… Alternative weeklies such as St. Mary’s Today may stir deep ire in the objects of their irreverence, but we can hardly say on that account they play no useful part in the political dialogue."

Rossignol filed the lawsuit against St. Mary’s County Sheriff Voohaar, seven deputies, State’s Attorney Richard Fritz and the Board of County Commissioners. It alleged that on Nov. 2, 1998, the deputies violated Rossignol’s First Amendment rights by purchasing more than 1,300 copies of his newspaper containing articles critical of the sheriff and Fritz .

The appeals judges agreed that the actions by the law enforcement officials did violate the First Amendment rights of Rossignol to distribute his newspaper and did violate the right of St. Mary’s Today readers.

"Because defendants sought to censor plaintiffs’ criticism of their official roles, because their official positions were an intimidating asset in the execution of their plan, and because this sort of quasi-private conspiracy by public officials was precisely the target of [the federal law], we reverse judgment and remand for further proceedings," Wilkinson wrote.

The case was remanded to Nickerson in the federal court in Baltimore in order to address other issues left open during this appeal. The defendants also have the opportunity to ask the 4th Circuit for the chance to argue their case to the full bench.

"The incident may have taken place in America, but it belongs to a society much

different and more oppressive than our own."

– Chief Judge J. Harvie Wilkinson III