Local attorney Konick hits school ban on press as unconstitutional; “What are you teaching our children?”
Rappahannock County School Superintendent Robert Chappell’s public announcements that all journalists will be banned from the community memorial service to be held Saturday at the high school grounds was challenged Thursday by local attorney David L. Konick as unconstitutional.
Chappell announced Wednesday that Rappahannock County High School will “host a community memorial service” on Saturday at 2 p.m. to celebrate the life of Emily Hilscher, a 2006 graduate of the school who was killed Monday in the mass shootings on the campus of Virginia Tech University. “The family has asked that we announce that this service will be CLOSED TO THE PRESS,” the superintendent said in his statement.
Later in the day, Chappell issued a second announcement which included this notice: “THE FAMILY HAS ASKED THAT THE PRESS NOT ATTEND THIS SERVICE. LAW ENFORCEMENT OFFICERS WILL BE ON THE SCENE TO ENFORCE THE FAMILY’S REQUEST.”
Chappell’s plans to hold a community event on public property, open to the public except for those who work as journalists, drew a public protest from Konick, who lives and practices law in Rappahannock County and is a former zoning administrator of the county.
Konick challenged the press ban in an open letter to Chappell posted Thursday on Rappnet, a community e-mail bulletin board subscribed to by more than 500 persons. Chappell frequently uses Rappnet to distribute his public announcements to the community, as he did in his messages banning the press from the Saturday event.
The attorney said that that the no-press policy announced by Chappell is “ill-considered and wrong, not to mention blatantly illegal.” The full text of Konick’s letter follows:
Dear Dr. Chappell, et al.
The hearts of the entire community go out to our neighbors, the Hilscher family, on the occasion of a tragedy that remains very difficult to comprehend. Nothing I have to say here should be misinterpreted in that regard. And yet, as we, the living and the survivors, go on, don’t you think we should strive to live by the rule of law?
I have in mind the numerous messages you have posted to this board in the last couple of days in which you inform the community that the press, the media, have been “banned” or won’t be allowed into a public function being held at a public school building that is funded with public tax dollars. Moreover, you have suggested Sheriff’s Department deputies, also paid for with public tax dollars will be present to enforce this policy.
The Constitution of the United States is a law — the highest law of the land, in fact. It guarantees the freedom of the press, and the equal protection clause of the 14th Amendment makes the banning of anyone — especially the press–from a public function in a public building paid for with taxpayer dollars solely on the basis of their trade or profession Constitutionally suspect. What’s next–no lawyers? No life insurance salesmen? No real estate agents? No farmers?
While I appreciate the consideration for the family that prompted it, agree with you entirely that the mass media generally has no respect and an utterly obnoxious disregard for people’s privacy in situations like this, and I mean absolutely no disrespect for the grieving family or community, I urge you to reconsider your decision.
This is a free country or supposed to be one. We supposedly live by certain principles under the rule of law. The policy you have announced is ill considered and wrong, not to mention blatantly illegal.
What are you teaching our children? They learn by your example. This is not how I want my tax dollars spent. Think of what you are doing. I appreciate your good intentions, but I think if you reflect on it, it is a mistake. Why don’t you just ban cell phones, cameras, and electronic equipment? These are not constitutionally protected. You can’t ban people — they are.
Sincerely and respectfully,
David L. Konick
Attorney at Law
Late Thursday morning, Superintendent Chappell sent out a “Clarification” over Rappnet which said the following:
“-RCHS is hosting the service as a result of a written “Facilities Use” request filed with my office by the family’s Pastor. RCHS is NOT SPONSORING this event. We are honored to be the host site for this important event.
“-The RCPS has NOT engaged the services of law enforcement for Saturday’s event. I simply passed that information on at the request of the family’s Pastor.
“Although I didn’t request the presence of law enforcement for Saturday, if a bill is being presented to the Pastor or the family I’ll gladly make a personal contribution to help cover the costs.”
-- James P. Gannon
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