Kobe Judge Warns Media

The judge presiding over Kobe Bryant's sexual assault case warned reporters that they may not get a seat in his courtroom if they publish the name or photograph of the basketball star's alleged victim. Critics said the ruling may be unconstitutional.

Eagle County Judge Frederick Gannett issued the warning Tuesday as part of a three-page "decorum" order, outlining the ground rules for media planning to cover the Aug. 6 hearing and future court appearances.

Kobe Bryant's attorneys on Tuesday asked a judge to reconsider his ruling allowing news cameras in the courtroom where Bryant is expected to appear next week, saying they were concerned about publicity.

Also Tuesday, Eagle County commissioners gave District Attorney Mark Hurlbert additional money to prosecute the sexual assault case against the Los Angeles Lakers star.

Bryant has said his 19-year-old accuser had sex with him willingly at a resort in nearby Edwards on June 30.

The alleged victim's identity, along with her address and phone number, have also been posted on Web sites. A Los Angeles-based talk show host whose show is heard in 60 cities has used the victim's name on the air.

More than a dozen Web sites have also wrongly identified another young woman as Bryant's accuser, and on Wednesday, she asked publicly that her name and photograph be removed from the sites.

"It has hurt me as a person," Katie Lovell told a broadcast interview.

New York lawyer Floyd Abrams — a First Amendment expert who represented The New York Times in the Pentagon Papers case — said the judge's warning about publishing a name or photograph of the alleged victim may be unconstitutional.

"It goes well beyond what has been approved by any appellate court," Abrams said Wednesday. "The constitutional reality is that the name of the chief prosecuting witness in a case is by its nature public, not secret. This is not an undercover policeman testifying."

"I think the order is, from a constitutional perspective, deeply disturbing."

Under Gannett's order, reporters also will be barred from using cell phones and tape recorders and from interviewing people inside the courthouse. No photos or video may be taken of witnesses, potential jurors and Bryant's accuser and her family.

Gannett, who discussed the order with some reporters after its release, said it was intended to prevent a change of venue by stopping the contamination of the jury pool.

Virtually all American newspapers and news organizations, including CBS News and CBSNews.com, have policies against releasing the identities of sex abuse victims and have not named Bryant's accuser.

Defense lawyers Pamela Mackey and Hal Haddon say they're worried that publicity could affect Bryant's right to a fair trial. Mackey and Haddon also say they were not given a chance to present arguments before Gannett issued his ruling on cameras last week.

They have asked for both a hearing on how the media should be allowed to cover court proceedings, and for an opportunity to present arguments on any future requests for expanded media coverage.

Meanwhile, attorneys for media organizations filed motions to open sealed court records, saying many details have already been publicized, some by Bryant and Hurlbert.

Dozens of reporters are expected for Bryant's initial court appearance on Aug. 6, on a felony sexual assault charge.

Prosecutors and others have been forced to make changes to accommodate the media.

The Colorado Judicial Branch this week is expected to launch a Web site devoted to the case, its first such effort. The page will have information on hearing schedules, motions rulings and other details.