From the AP, April 28

Herald Standard cannot be sued for disclosing minor's name.

By DAVID B. CARUSO
Associated Press Writer

A newspaper that printed the name of a 15-year-old rape suspect cannot be sued for disclosing the boy's identity, a federal appeals court ruled.

Pennsylvania law generally prohibits law enforcement agencies from disclosing the names of minors arrested for a crime until they have been convicted, but a three-judge panel of the 3rd U.S. Circuit Court of Appeals said that prohibition does not extend to newspapers.

"A newspaper may not be held liable for its publication of lawfully obtained, truthful information on a matter of public significance unless imposing liability would be the most narrowly tailored means of serving a state interest of the highest order," Judge Richard L. Nygaard wrote in the opinion dismissing the case Tuesday, April 26.

The teen had been arrested by police in Uniontown and charged with raping a 7-year-old girl. The rape charge was later dropped, but not before the arrest had been reported by the Herald Standard of Uniontown.

The teen sued the newspaper and the Uniontown police department, alleging that an officer violated state law by giving his name to a reporter. The police department later settled its portion of the lawsuit.

The 3rd Circuit panel ruled that since the government was responsible for the initial disclosure of information, "imposing civil liability upon a newspaper for the subsequent publication of that information is not the most narrowly tailored means of serving any purported interest."

The teenager's attorney, Peter Suwak, said he was considering an appeal. He said children charged with a crime deserve an extra layer of privacy protections because of their age.

"We expect kids to screw up," Suwak said. "Maybe its just viewed as quaint to have a juvenile justice system that is set up to give a kid another shot."

Charles Kelly, an attorney for the Herald Standard, defended the newspaper's right to print the name.

"The public has a right to know about events which are of public significance, and quite clearly, an allegation of a violent crime against a minor is something that we should know about," he said.