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American Morning

Supreme Court Rules Talk Show Host Cannot Be Sued for Airing Illegally-Recorded Conversation

Aired May 22, 2001 - 09:09   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: From cell phone safety to the question of privacy. An illegally-recorded cell phone conversation is at the center of a U.S. Supreme Court ruling. The high court ruled that a radio talk show host cannot be sued for airing the conversation.

CNN senior Washington correspondent Charles Bierbauer now reporting on that ruling and what it means.

(BEGIN VIDEOTAPE)

CHARLES BIERBAUER, CNN CORRESPONDENT (voice-over): The Supreme Court said individuals have a right to privacy in their phone conversations, but sometimes, the public and media have a greater right to know and tell what's going on.

In 1993, Fred Williams aired a tape of two negotiators for the Pennsylvania State Education Association.

ANTHONY KANE, PENNSYLVANIA STATE EDUCATION ASSOCIATION: This is between you and me. This is very confidential.

BIERBAUER: Not very confidential, as it turns out. Gloria Bartnicki was on a cell phone in her car. A still-unidentified person recorded the conversation and delivered the tape anonymously to a school board member, who turned it over to talk show host Williams.

FRED WILLIAMS, RADIO TALK SHOW HOST: I want you to listen carefully to the tone of their voice and how vicious they are.

KANE: If they're not going to move from 3 percent, we're going to have to go to their home and blow off their front porches. We'll have to do some work on some of those guys, really.

BIERBAUER: Most cell phones are not secure. Still, recording violates wire tap laws. But did the station break the law, or did it have a First Amendment right to air the tape?

Justice Stevens: "Illegal conduct does not suffice to removed the First Amendment shield from speech about a matter of public concern.

JEREMIAH COLLINS, ATTORNEY FOR BARTNICKI: The notion that she just has to accept the fact that she can't communicate privately while she's doing that work in the car doesn't make sense to me. BIERBAUER: Chief Justice Rehnquist, for the minority, agreed: "The Court's decision diminishes the purposes of the First Amendment, killing the speech of the millions of Americans who rely upon electronic technology to communication.

There's a parallel political case before the court: A conference call of House Republican leaders discussing then-Speaker Newt Gingrich's ethical problems. One participant, John Boehner, sued Democrat Jim McDermott, who received an illegal recording and passed it to "The New York Times."

(on camera): The justices insist their ruling is narrow. They have not answered the question of whether the government may ever punish the media for publishing information illegally acquired.

Charles Bierbauer, CNN, the Supreme Court.

(END VIDEOTAPE)

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