Brooklyn, NY - Motion For Gag Order In LBY Case Prompted By VIN News Story Denied By Judge
New York - A Brooklyn federal judge has denied a request for a gag order made by attorneys representing a Brooklyn Bais Yaakov who cited VIN News coverage of a lawsuit filed against the school as a violation of the court’s instructions in the case.
As previously reported on VIN News, lawyers for a girl identified only as G.S. because of her age are suing Lev Bais Yaakov, its executive director and its high school principal for expelling the student for allegedly texted an inappropriate photograph of herself to a boy based on an anonymous tip and without ever seeing the picture in question.
In a July 10th letter addressed to Judge Ramon E. Reyes, lawyers for the defendant asked the court to issue an order that would prevent the plaintiff’s attorney, Robert Tolchin, from issuing any releases to the media regarding the ongoing case. The three paragraph letter stated that Judge Reyes had warned attorneys for both sides not to speak to the media and included VIN News coverage of the case as proof that Tolchin had furnished transcripts of an initial hearing held on June 30th to the media.
In his five page response to Judge Reyes, Tolchin noted that the court had made it clear that while confidential matters should not be discussed, all other matters could be posted freely on the internet. Citing legal precedents, Tolchin also observed that lawyers for the defense did not demonstrate that his actions could taint a jury or a trial in any way and that his actions were protected under the Constitution.
Judge Reyes issued his ruling on Tuesday afternoon in an electronic filing which stated that the motion for the gag order was denied for the reasons stated by Tolchin in his response.
“This is a vindication of the First Amendment, which guarantees freedom of the press and that court proceedings be open to the public, so that everyone can see what is going on,” Tolchin told VIN News.
VIN News reached out several times to lawyers for the defendants who were not available to comment.
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