[UPDATE: The contempt motion has been withdrawn, though the gag order remains.]
The Courier-Journal (Louisville) reports:
Frustrated by what she felt was a lenient plea bargain for two teens who pleaded guilty to sexually assaulting her and circulating pictures of the incident, a Louisville 17-year-old lashed out on Twitter.
“There you go, lock me up,” Savannah Dietrich tweeted, as she named the boys who she said sexually assaulted her. “I’m not protecting anyone that made my life a living Hell.”
Now, Dietrich is facing a potential jail sentence, as the attorneys for the boys have asked a Jefferson District Court judge to hold her in contempt because they say that in naming her attackers, she violated the confidentiality of a juvenile hearing and the court’s order not to speak of it.
A contempt charge carries a potential sentence of up to 180 days in jail and a $500 fine.
An order barring a victim from revealing the names of her assailants is, I think, clearly unconstitutional, even when the assailants are juveniles. Oklahoma Publishing Co. v. District Court (1977) expressly rejected the notion that courts or legislatures may bar the publication of the names of juvenile offenders; that case involved a newspaper’s publishing the name of the juvenile offender, which it learned from a court hearing, but the rationale applies at least as strongly to a person’s publishing a name that she learned from the attack itself. Likewise, even when it comes to grand jury proceedings — probably the most historically secret part of the criminal justice system — Butterworth v. Smith (1990) held that, while a grand jury witness could be barred from revealing what he learned as part of the grand jury proceedings, the witness could not be generally barred from revealing information that he had learned [...]