RICHMOND, Va. – A gag order in the criminal case of the West Virginia coal mine explosion that killed 29 men violates the First Amendment by barring virtually anyone from discussing it publicly, a lawyer for media organizations said Monday.
David Schulz told a three-judge panel of the U.S. 4th Circuit Court of Appeals that some victims’ relatives believe the sweeping gag order also prohibits them from testifying before lawmakers and regulators.
U.S. District Judge Irene Berger’s gag order was imposed in January when she said it was needed to protect former Massey Energy CEO Don Blankenship’s right to a fair trial.
The gag order is being challenged by The Associated Press, the Charleston Gazette, The Wall Street Journal, National Public Radio and the Friends of West Virginia Public Broadcasting.
Blankenship was the head of the company when the Upper Big Branch Mine exploded in 2010. He is charged with conspiring to violate safety and health standards.
“The public has a right and a need to know that justice is being done fairly,” Schulz said. The panel did not indicate when it would rule…