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Justice Stays Media Case

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A U.S. Supreme Court justice temporarily upheld a lower court’s ruling Monday, saying that seven news organizations mistakenly e-mailed transcripts from a closed hearing in the Kobe Bryant sexual assault case cannot publish them in the next two days.

Justice Stephen Breyer gave District Judge Terry Ruckriegle time to make public portions of the disputed transcripts, saying, “a brief delay will permit the state courts to clarify, perhaps avoid, the controversy at issue here.”

The news organizations, including The Times, have asked the court to overturn an order by Ruckriegle that was upheld by the Colorado Supreme Court, saying that prohibiting publication of the transcripts is an infringement of 1st Amendment protections.

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Breyer said that Ruckriegle’s rape-shield ruling Friday “will significantly change the circumstances that have led to this” request. If Ruckriegle does not release the transcripts in 48 hours, the news organizations can again ask Breyer to allow publication.

The transcripts included testimony from a defense expert about evidence taken from Bryant’s accuser at a medical examination the day after the alleged rape.

-- Steve Henson

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