Commish Denies Gag Order In Britney Case
A Superior Court commissioner on Tuesday denied a request by Britney Spears' divorce attorney to issue a gag order in the pop star's child-custody dispute with ex-husband Kevin Federline.
Attorney Anne Kiley argued that media coverage was "emotionally and physically" dangerous to Spears.
Kiley said the court should prohibit attorneys from discussing the case with the media and not publish dates and times of hearings and dispositions.
Spears, who is under conservatorship, and Federline were not present for the hearing before Commissioner Scott Gordon, who is overseeing their dispute.
Spears has not been allowed to see sons Jayden James, 1, and Sean Preston, 2, since an incident at her home that led to the first of her two hospitalizations in a psychiatric facility this year and a decision by another court to put her father, James Spears, in charge of her affairs.
Photos: Britney Spears
The gag order request was discussed in open court before other issues were taken behind closed doors.
Federline's attorney, Mark Vincent Kaplan, argued that Spears' children aren't in jeopardy without the gag order and that Spears is more concerned about the paparazzi frenzy that follows her, which he noted existed before she filed for divorce from Federline in November 2006.
Timeline: Britney's Meltdown
Kiley said she wanted a narrowly tailored order that would only restrict attorneys from speaking to the media.
Kaplan, who frequently speaks to reporters outside the courthouse after hearings, told the court he never discusses the children's whereabouts or schedules.
"The multiple media vehicles and cameras and video cameras (outside the courthouse are) distressing because of other people trying to use the courthouse," said Kiley.
"And you think this order would fix that?" asked Gordon.
"I think the First Amendment is important but this is about the practical aspects of the case," said Kiley.
The commissioner said the public has a right to know court orders. He agreed that public safety and access to the courthouse was a concern but "that's a law enforcement issue."
Kaplan said he hoped things will be different now that the conservatorship is in place because there will be "no pre-leaking of information to favored media outlets as to where they (Spears and companions) are going and how they will get there."
By Raquel Maria Dillon