Undercover Trial

Judge Hiroshi Fujisaki has compounded his original error of hasty judgment by imposing still more unwarranted and excessive limits on news coverage of the O.J. Simpson civil trial.

Last week the Los Angeles Superior Court judge banned television cameras, still photographers, microphones and sketch artists from the court proceedings, which begin next month.

At the same time, he refused to soften the extreme gag order he imposed earlier this month without even requesting or hearing arguments on the matter. That order bars participants in the case from commenting about any witness who could possibly testify and any evidence that might possibly emerge.

None of the people connected with the case, including relatives of murder victims Nicole Brown Simpson and Ronald Goldman, are permitted to publicly express their opinions on the proceedings or the defendant.

And Fujisaki went even further, indicating that until the trial’s end he will seal the transcripts of sidebar conferences and evidentiary hearings conducted outside the jury’s presence.

Concluding that the intense coverage of Simpson’s criminal trial “significantly diverted and distracted the participants therein,” the judge insisted that “history will repeat itself unless the Court acts to prevent it.”

Taken individually, his actions are extra- ordinary--even the U.S. Supreme Court permits sketch artists to attend its sessions. Collectively, Fujisaki’s limitations affront constitutional guarantees of open court proceedings and free speech. That’s why the planned appeal of his actions by The Times and several other news organizations is not only merited but imperative.