Story Created:
Oct 20, 2006 at 6:52 PM CST
Story Updated:
Oct 20, 2006 at 6:52 PM CST
WICHITA, Kansas, Oct 20, 2006 -- For the first time in nearly a decade, media rights in Kansas are under fire and it’s no surprise that the BTK case is serving as the backdrop. A lawsuit against KSN-TV and its former owner, Emmis Communications, played out in court this week.
At issue is a former suspect in the BTK case and whether his name should have ever been broadcast. A jury has now said it should not have and they have awarded Roger Valadez $1.1 million dollars, a decision Emmis Communications will appeal.
It’s a case that’s expected to make a lasting impression in Kansas. On one side, a television station is saying that it reported the truth. On the other, a Wichita man says that station defamed him and used it’s airwaves to do it.
"You see, they gambled with Roger’s life," said Craig Shultz, attorney for Roger Valadez. "They gambled with it and Roger’s the only one that loses. You see, they win either way. You know why? Because they dwarfed the competition."
"We don’t deny that we placed a great big light on Mr. Valadez," said KSN attorney, Bernard Rhodes. "It was a bright light. It was a hot light. But by God, it was a true light. We said he was a possible suspect. He was the suspect."
The lawsuit against KSN and its former parent company, Emmis Communications, centers around a series of reports broadcast in December of 2004. After police searched the home of Roger Valadez as part of the BTK investigation, KSN reported his name. Valadez claims his life was impacted because of those reports.
Media advocates say, like it or not, those reports relied on public record.
"We have to stand up for citizens. We have to go where they can’t go or won’t go to find out the news to find out what’s going to affect their daily lives," said Randy Brown, WSU professor and media expert.
Brown says, despite this case, the media’s track record has been good.
"I don’t think we’ve gone wrong in Kansas and the Kansas media by being too aggressive in the past," said Brown. "We’re pretty laid back."
But with a multi-million dollar lawsuit, the question is, what will that mean to the future of news in Kansas? Brown believes media outlets may be more guarded before telling you what they know.
"There’s a phrase in the law called chilling effect and it might make media outlets in Kansas a little more timid," said Brown.
But Roger Valadez argues a more timid media would have prevented the lawsuit altogether.