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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. Applause, applause, applause ..... but, is this duty to serve the constitutional order not much more incumbent upon the State, whose only aim is to be pure and unadulterated justice, than defense counsel, who is also charged with gaining a result for a client? I agree both are responsible, but it seems to me that the government attorneys bear a burden much heavier than defense counsel .... "“I note, much as we did in Mechling v. State, 16 N.E.3d 1015 (Ind. Ct. App. 2014), trans. denied, that the attorneys representing the State and the defendant are both officers of the court and have a responsibility to correct any obvious errors at the time they are committed."

  2. Do I have to hire an attorney to get co-guardianship of my brother? My father has guardianship and my older sister was his co-guardian until this Dec 2014 when she passed and my father was me to go on as the co-guardian, but funds are limit and we need to get this process taken care of quickly as our fathers health isn't the greatest. So please advise me if there is anyway to do this our self or if it requires a lawyer? Thank you

  3. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  4. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  5. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

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