An Alabama judge ruled this morning that the Montgomery (Ala.) Advertiser and USA Today can publish details — contained in a public record submitted to the state government — detailing the age and condition of gas pipes.
John Kelly of USA Today writes, “Judge Robert Vance, ruling this morning after hearing arguments from Alabama Gas Corp. and newspaper attorneys Monday, said he erred in too hastily responding to the Alabama gas company’s claims of a national security threat and issuing a temporary restraining order last week banning publication.
“‘In its motion for a temporary restraining order, the plaintiff raised the danger of terrorism and sabotage if data within its Distribution Integrity Management Plan were publicly disclosed,’ the judge wrote in his order. ‘While such possibilities might exist, they now appear to be only vague phantoms. On reflection, the court finds that it too readily focused on such ghosts in entering the Temporary Restraining Order sought by the plaintiff.’
“Vance in his order said prior restraint is only legal when there’s a distinct clear and present danger to the public.
“The earlier order barred the Advertiser from publishing information in the federally-mandated Integrity Management Plan. The newspaper obtained the safety document under open records law from the state’s Public Service Commission in June.”
Read more here.
