Could a Missouri court challenge over reported names be a 1st Amendment issue?

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ST. LOUIS (KMOX) - News organizations and attorneys are challenging a Missouri law that prohibits use of witness and victim names in Missouri court records.

Supporters of these types of measures say removing identities from court records protects people's privacy.

Attorney Mark Sableman represents the Missouri Broadcasters Association.

He tells KMOX's Total Information A.M. many witnesses are professionals hired to give testimony. He adds that in sensitive cases, courts have always had discretion to take out victim and witness names for their protection.

"A court could always look a particular circumstances and based on the facts if there was privacy or confidentiality needs in the particular situation, the court could issue orders keeping that information private or confidential," Sableman explained to KMOX News.

Sableman and other were in a Cole County courtroom this week asking a Circuit Judge to rule the law unconstitutional.

Sableman tells KMOX there's a public interest in knowing who is involved in legal matters.

"Some of these are police officers, public officials and professional witnesses, health care professionals, lawyers, etc." said Sableman. "Even now, they are picking out the names of prosecuting and defense attorneys from court positions. That's crazy."

Sableman says court records provide an essential historic record. He uses the freedom suits in St. Louis as an example.

"The suits were brought by enslaved people challenging slavery," said Sableman. "We celebrate the freedom suits now. There are books about the freedom suits."

"Those books are only possible because the court records contained all the details, the names, the circumstances."

In court filings, the Missouri Attorney General has also questioned the constitutionality but contends the state law has been applied too broadly.

A ruling is expected after the New Year.

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