Brown Says Courts Would Uphold Bill on Paid Interviews : Media: Assembly Speaker says his measure to prevent witnesses from being paid for information would be ruled constitutional. Some legal experts believe it conflicts with 1st Amendment freedoms.

Assembly Speaker Willie Brown predicted Tuesday that his proposal to prohibit witnesses in high-profile criminal trials, such as the O.J. Simpson case, from selling their stories to the news media would be declared constitutional by the courts.

“It will pass constitutional muster,” Brown (D-San Francisco) said at a Capitol news conference, explaining that the ban would last until a trial was finished.

Brown, who says he met Simpson in San Francisco years ago and considers him an acquaintance, said the Legislature could pass his bill in August, the final month of the 1994 session. Some legal scholars have expressed doubts regarding its constitutionality.

UCLA Associate Law School Dean Julian N. Eule said Brown’s proposal is “at least constitutionally suspect, if not unconstitutional.” Eule said freedom of speech guaranteed by the 1st Amendment of the U.S. Constitution could include statements made to the press for profit.

“I have grave constitutional questions about it because of the 1st Amendment,” said Norman M. Garland, law professor at Southwestern University School of Law in Los Angeles.

But Brown said a defendant’s right to a fair trial ought to override the right of material witnesses to sell their stories for money.

“A witness who tells the truth, but admits to being paid for his story, may lose credibility in the eyes of the jury,” Brown said. “A witness who has lied in order to get a $100,000 or $1-million fee, on the other hand, could compromise the entire proceedings.

“In criminal cases, where the life and liberty of a defendant are at stake, such practices should not be permitted.

“I am not barring (witnesses) from saying things,” Brown said. “I am barring them from being paid for it. They can still talk to the press, but they can’t make a deal.”

Brown’s proposal, to be amended into an existing bill, would make it a misdemeanor for material trial witnesses to sell their stories before or during a trial, a phenomenon that has accompanied the rise of tabloid news shows such as “Hard Copy” and “Inside Edition,” which compete intensely for stories by paying for interviews. Supermarket tabloids such as the National Enquirer also pay for stories.

Violators of Brown’s measure would be required to forfeit any money they received and could also receive a substantial fine. In addition, violators could be sentenced to six months in jail.

Some witnesses in the Simpson case have sold interviews to the press.

Noting that he is not alone in trying to rein in the tabloid press, Brown said Sen. Quentin Kopp (I-San Francisco) has offered a similar proposal.

Brown said he has had no contract with Simpson’s legal team regarding his idea.

The Assembly and Senate are scheduled to return Aug. 8, with final recess scheduled for Aug. 31.