WXIN Honors DCS Restraining Order

Here's a local example of possibly unconstitutional prior restraint in action, courtesy of this morning's Star:

Mark McGaha wanted to share his frustrations about the Department of Child Services with the public, but he never got the chance.

McGaha did an interview with an Indianapolis TV station, but a Fountain County judge issued a restraining order barring the station from airing his complaints or even showing his face -- apparently without even having seen the footage.

The segment about family advocacy group Honk For Kids was broadcast March 13, without McGaha's comments and with his face blocked out in a group shot of parents.

A legal scholar called Judge Susan Orr Henderson's action unconstitutional and said it "borders on judicial misconduct."

"Quite simply, a judge does not have the authority to stop the press from publishing or airing a story," said Henry Karlson, a professor at Indiana University School of Law-Indianapolis. "Any person has a right to contact the press and say a public agency is not treating them right."

Karlson said the judge's action amounted to "prior restraint," or government censorship, which is a violation of the First Amendment.

Dawn Robertson, spokeswoman for Honk For Kids, said Henderson's actions underscore the group's concerns about the way families involved with the child welfare system are treated.

"These are the kinds of abuses of power people across Indiana are dealing with every day," she said.

Robertson said the public is not aware of the extent of those problems because most aspects of child welfare cases are confidential. That means records and court proceedings typically are not open to the public or media.

A disabled veteran and single father of four, McGaha, 37, said he thinks the court and Department of Child Services are out to get him because he stood up to workers he contends have treated him and his four children unfairly.

After the TV segment aired, Honk For Kids asked the station, WXIN (Channel 59), why McGaha's face had been blurred and was told of the restraining order. That was the first that anyone, including McGaha, had heard about the judge's action.

Gavin Maliska, news director at WXIN, said station officials discussed challenging the order, which was issued the day the segment was to air, but decided McGaha's contributions weren't essential to the story.

"It came down to principle versus practical," he said. "If it would have affected what we were trying to do with the story, we probably would have had a different outcome."