The publisher of a small Alabama newspaper and one of its reporters have been arrested in southwestern Alabama after publishing information from an ongoing grand jury investigation into payments to former school system employees, the Washington Post reports. In Alabama, it’s illegal for members of the court, a witness, or a grand juror to release information, but there is no law about newspapers reporting the information, putting the charges on a collision course for the First Amendment.
Publisher Sherry Digmon and reporter Don Fletcher of the Atmore News face up to five years in prison if convicted of the charges. Digmon is a member of the local school board, and she recently voted against renewing the contract of the well-connected school district superintendent. The school superintendent was supported by the local district attorney, Stephen Billy, who brought the charges. A third person, a bookkeeper for the school district, was also charged with giving the reporter documents as well as discussing grand jury testimony.
“All three of them, [including] the girl [the bookkeeper], were all charged with the same thing,” Billy said. “But, you just can’t do that, and there’s no reason for that. Innocent people get exposed, and it causes a lot of trouble for people.” On Wednesday morning, Billy ordered Digmon arrested again, this time for using her board position for personal profit because the school district bought $2,500 in ads in her newspaper after she was on the board, so it sounds like the prosecutor has a significant issue with the paper.