Reality check
Ruling on deleting archives applauded Don’t launch anything into cyberspace that you wouldn’t want your mother or your boss to read. That 21st century rule of thumb comes to mind when considering this week’s story about two central Pennsylvania newspapers that were ordered to delete archived stories – orders that were later rescinded.
The judicial directives were requested by an attorney seeking to have criminal records expunged for several clients. In Pennsylvania, such orders are used to direct police and other government agencies to clear records when charges are dismissed or withdrawn, or when a defendant successfully completes a diversionary program, such as ARD, which often is assigned to first-time offenders for minor violations of the law.
But clearing one’s record as compiled by government agencies doesn’t have impact on other sources of information, such as the news media and their websites. And that’s why lawyer Joe Amendola targeted newspapers as well. “What’s the sense in having your record expunged if anyone can Google you and it comes up?” Amendola argued.
Good question. And here’s a good answer from Lucy Dalglish, of the Reporters Committee for Freedom of the Press: “You don’t get to change history.”
In other words, the arrests happened. So did the convictions or guilty pleas. And news organizations have a right to report that information – and to maintain records of those reports.
It’s the truth, after all, and protected by the First Amendment; that’s why the orders to the newspapers were properly rescinded.
We don’t mean to sound hypersensitive on this issue, or insensitive to the trouble lingering records can cause people who’ve paid their dues and are attempting to get back on the right track.
But free speech is important and we – all of us – are obliged to defend it.
So while the criminal justice system is free to cleanse the official government records of offenders as a condition of successfully completing rehabilitative programs, judges have no right to alter reality. “It’s accurate when it was reported, and that means there’s nothing illegal about it. It’s protected speech,” said Melissa Bevan Melewsky, an attorney for the Pennsylvania Newspaper Association.
Thus, we circle back to that rule of thumb. Defense attorneys and criminal offenders might be frustrated by the availability of information on the Internet. But changing reality isn’t and shouldn’t be an option. Bottom line: If you don’t want to do the time – and the Internet is forever – don’t do the crime.
Bucks County Courier Times