|
|
"Willie Brown Kicks Off Forum
Season"
Harvard
Law Record - November 24, 1986 - Page 7
By Richard Udell
reprinted by permission
California Assembly
Speaker Willie L. Brown, Jr. lashed out at the press in the first
presentation sponsored by the HLS Forum for this academic year.
Characterizing the media as an "institution running amok," Brown
called for stricter journalistic standards and other measures.
Frequently referring to the Supreme Court's landmark
decision in Sullivan v. The New York Times, Brown said he found
objectionable the "actual malice" standard established for cases
involving politicians and other public officials. Brown said that
jury decisions in favor of plaintiffs, although reversed on appeal, show
popular sentiment is on his side.
Brown called for changing the burden of proof in libel
cases involving public officials. Currently plaintiffs must show that
a reporter or publication made the offending remark knowing of its
falsehood or with reckless disregard for its truth. "I don't
believe they should be able to lie. They should have the burden when
what is published is false," said Brown.
Brown mentioned in passing that his views were contrary
to his own immediate interests in that he is presently the defendant in a
$10 million libel suit involving a public official who he added
"didn't have much of a reputation" anyway.
Brown said that he believes the power of the so-called
Fourth Estate to embarrass and hurt the image of public officials argued
for incorporating it more fully as a participant in government. He
said that the responsibilities of the press and elected officials were
similar. During his opening remarks, Brown repeatedly called for
"dialog" and "self-criticism," and said this was
necessary if the press was to "stop destroying and trampling
reputations."
Cites Recent "Embarrassments"
Noting several specific
recent embarrassments for the media, he charged the "excess of the
press" in the post-Watergate era was "cause for alarm" and
that the institution had "no self-restraint."
A flyer distributed prior to the Forum by a group
calling itself "Concerned Latinos at Harvard," criticized Brown
for his role in advocating the construction of a state prison near
predominantly Latino communities in East Los Angeles. In response
from a first year law student, Brown vigorously defended his
position. He said that his stance on the issue was developed when the
proposal had widespread support including that of Hispanics in the
Legislature. Brown said that the outcry was "political" and
had only arisen after "some Saul Alinsky types and some priests
organized in the community." He argued further that no existing
prison was in a Latino community. The student responded that the neighborhoods
did include numerous local jails.
Brown was first elected to the California Assembly in
1964 and has held the post of Speaker since December 1980. He is a
1958 graduate from Hastings College of Law.