Lawsuit dismissed; judge upholds First Amendment rights

A judge has dismissed a lawsuit against The Post and Courier, stating it violated the First Amendment. This decision was made on March 18, six months after the Ninth Circuit Public Defender's Office sued the newspaper. The lawsuit aimed to prevent the publication of information from a defendant's mental health evaluation. The case involved Theodore Wagner Jr., who faced charges of murder and attempted murder. He was found not competent to stand trial and was committed to a psychiatric hospital. The Post and Courier reporter, Alan Hovorka, published a story on September 13 that included details from Wagner's psychiatric evaluation. This evaluation, while considered confidential, had been mistakenly included in public court records. The public defender's office argued that publishing Wagner's mental health records could harm him and affect his right to a fair trial. However, the newspaper's attorney, Edward Fenno, claimed the public defender's office did not have the authority to file the lawsuit and said Wagner himself would need to sue. Judge Kristi Curtis sided with The Post and Courier, dismissing the case and allowing the newspaper to publish more information related to Wagner's evaluation. The executive editor of The Post and Courier expressed satisfaction with the ruling, highlighting the importance of public interest in the case.