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Educating the world on media law

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Stationed in South Korea during the mid-1960s, Daniel Byron, then a captain in the U.S. Army, became curious about Mongolia as he listened to the daily weather forecast for that country on AFKN radio.

To his memory of the country reporting extremely cold temperatures, Byron will soon be able to add fresh stories of the weather, the people and the legal system.

The partner at Bingham Greenebaum Doll LLP is preparing to visit Mongolia to help improve the rights of free speech and free press. He will spend all of September in and around the capital city, Ulaanbaatar, assisting and educating defense attorneys, prosecutors, judges, journalists and other advocates about media law.
 

il-dan-byron03-15col.jpg Daniel Byron (IL Photo/ Perry Reichanadter)

“Everything I’ve heard tells me Mongolia wants to open up and be more democratic in its attitude and give more attention to free speech and free press,” he said. “But, the devil is in the details.”

Byron will be going as part of the International Senior Lawyers Project, a nonprofit that partners with clients around the world and dispatches attorneys with extensive legal experience to help with matters regarding the law.

The attorneys are not sent to provide the answers, said Andra Moss, ISLP director of volunteers and communications. Their purpose is to help the clients find a path to a solution.

The ISLP has a very strong commitment to the rule of law, Moss said. It advocates for a judicial system and fairness of process that people can trust. Attorneys volunteer not so much because they want to travel but rather because they want to share the knowledge they have acquired from spending their careers in the legal profession.

Overseas the lawyers are given housing and connected to the organizations with whom they will be working, but the volunteers are responsible for the details of their daily living, like finding meals, Moss said. And that, like many aspects, is a different experience than in the United States. An attorney who has recently returned from Mongolia reported that coffee is not always available, traffic signals are routinely ignored, and the alcoholic drink of choice is fermented camel’s milk.

In the 11 years that ISLP has sent lawyers to 63 faraway places, no one has ever returned saying they were disappointed they volunteered, Moss said.

Byron still talks excitedly about his first ISLP trip that sent him to West Africa for two months in 2007. Writing of his experience for the just-published book, “Exporting the Matrix: the Campaign to Reform Media Laws Abroad,” Bryon recounted that the nonprofit’s request for a senior media attorney not only matched his experience but also filled his desire to make a positive difference in emerging democracies.

His eagerness to volunteer in West Africa came from the strong belief that also drives his desire to work in Mongolia. Specifically, he maintains that the hallmark of a vibrant democracy is giving the citizens the right to say and print the truth without fear of government retaliation.

“The first thing you’ll notice over the many years is once you control the press and stop free speech, totalitarian government is easy,” Byron said. “The view from the top down is if you can cause a country to have free press and free speech without fear of the government, then you’re going to have a robust democracy.”

Mongolia is a country struggling with media rights, according to Globe International, a non-governmental organization that requested help from ISLP. Criminal libel cases are common and between 70 and 85 percent of the time, the journalists are found guilty even when the information they distributed was not false or inaccurate. The reporters convicted of criminal libel face the possibility of stiff fines that they have to pay themselves and prison.

Globe International states that defamation charges are being used to harass journalists and encourage self-censorship.

Byron’s task includes helping the lawyers who are defending these journalists. He will offer advice, analyze the evidence and explore alternative remedies to the cases . In addition, he will hold a workshop for judges and prosecutors about media law.

Prior to leaving, he is reviewing a case he may help defend that has been brought against a newspaper owner who is, incidentally, also one of the founders of Globe International. It is a tangled financial mess that in the United States would be a simple debt collection, but in Mongolia it has become a criminal case that could land the owner in jail for 15 to 20 years.

From his experience in West Africa, Byron has learned that change can be incremental but change can happen.

During his 2007 trip, Byron worked on a case of a newspaper editor who had been pulled from his desk chair and arrested by armed guards for reprinting a BBC article that was critical of the country’s leader. The editor has not been seen or heard from since, leading his family to believe he has been killed.

Byron aided the defense counsel in obtaining a judgment of $100,000 in U.S. dollars for the family and helped successfully petition the United Nations to request the government reveal where the editor is and, if he is still alive, return him to his family.

To date, the family has received neither restitution nor an account of what happened.

However, recently, another reporter was taken into custody for criticizing the government, but he was not tortured and was released unharmed.

“You don’t always know what kind of difference you might make,” Byron said. “For me, trying is the most important thing. I hope I make some modicum of difference in Mongolia. We’ll see.”•

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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