Media on the Stand?

Ex-Razorbacks basketball coach Nolan Richardson complained for years about the media and its coverage of him and his hoops program.

Now, he may finally get some members of his less-than-favorite club right where he wants them — in deposition proceedings and on the witness stand in his federal discrimination lawsuit against the University of Arkansas.

Richardson’s attorney, famed civil rights lawyer John Walker, has submitted a witness list to the U.S. District Court in Little Rock that includes Arkansas Democrat-Gazette sports reporter Scott Cain and editor/columnist Wally Hall; Clay Henry, editor of Stephens Media Group’s Hawgs Illustrated; and ESPN sports analyst Chris Mortensen, whose son is a UA quarterback recruit.

The UA also plans to call Bob Holt, a D-G sports reporter; Rick Schaeffer, host of Inside GameDay (Fox, KPBI-TV, Channel 46); Mike Nail, retired sports anchor from NBC 24/51, KPOM/KFAA-TV, in Fayetteville; and KATV-TV, Channel 7 (Little Rock) sports personality Paul Eels.

But it’s uncertain whether any of them will comply. Since lawyers have to submit witness lists for anyone they might call, some may never actually testify.

After being subpoenaed by Walker, Hall evoked Arkansas’ journalism shield law and a First Amendment “reporter’s privilege” to avoid answering some questions. Hall has also claimed he is still recovering from a mild Feb. 19 stroke, although he has only missed writing one column.

At this point, Hall will probably be deposed by early April because the trial is slated to start May 5.

U.S. Magistrate Judge John Forster decided to hold the deposition in his court so he could rule on objections to questions by Hall and attorneys from Williams & Anderson of Little Rock, which represents the D-G.

The other journalists hadn’t filed anything as of March 18. It’s common for reporters to testify that they swear to the truth and accuracy of their stories.

Arkansas shield law protects reporters from being forced to reveal confidential sources or materials on stories they’ve worked on, with exceptions for libelous or bad-faith reporting. Federal courts do apply the state law when journalists make the claim, but with a less broad interpretation than state courts, said John Tull, an Arkansas Press Association consulting attorney.

Reporters privilege is a federal common law that protects reporters from revealing sources and information gathered in the course of their regular reporting. Its applications can vary from district court to district court.

“It concerns me any time the media is used by an attorney to build a case from their [reporting],” Tull said. “The danger is a chilling of free speech.”

It seems Walker would have to be after what was never published or broadcast from UA sources, since there was little more than Richardson’s own quotes alleging racism.

That, of course, assumes someone like UA Athletic Director Frank Broyles telephoned a journalist and said something like, “Hey, off the record, were canning Nolan ’cause he’s black. Just thought we’d let you know.”

If a reporter refuses to testify or submit to depositions, he would run the risk of being held in contempt of court and subsequent fines or even jail time.

Or a reporter can reveal unpublished comments or sources, but that would damage and compromise those sources.

It raises the question of whether Walker and Richardson are willing to whack at the First Amendment and a free, unencumbered press, in pursuit of “civil rights” for a millionaire who has never claimed he was misquoted when he said the UA could buy out his contract. Richardson walked away with about $6 million in buyout dollars and Razorback Foundation accumulated funds.