Toni Chritton Johnson heard a kerfuffle in front of the Howell County Courthouse and decided to take a look.
Johnson owns the across the square. It’s an event and catering venue. A former television reporter, Johnson’s old instincts kicked in. She took out her phone and started recording.
There were several phones taking video that day, Sept. 7, in front of the courthouse. A group of First Amendment advocates and citizen journalists had gathered on the public sidewalk to protest an order signed by Presiding Circuit Court Judge Steven Privette. The order, issued by Privette in May, prohibited the recording of anybody entering or exiting the courthouse, even from public property, like the sidewalk or street.
Regular readers of my column will remember Privette as the judge from southern Missouri who was recently asked to explain himself by the Missouri Court of Appeals for trying to hold Howell County Circuit Court Betty Grooms in criminal contempt of court. He claims she failed to provide him a spreadsheet outlining the various court costs owed by defendants.
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Privette’s wife lost an election to Grooms, and the judge declined to recuse himself from the case. This week, the Court of Appeals allowed the contempt proceedings to proceed, though Grooms’ attorney will likely appeal whatever decision Privette reaches in the dispute.
Howell County has had a proliferation of citizen journalists live-streaming interactions with law enforcement and other officials — not much different than what happens in the St. Louis region. Those folks didn’t take too kindly to being told they couldn’t stand on a public sidewalk taking video outside a public building. The First Amendment advocates were told by Howell County sheriff’s deputies that if they didn’t stop recording, they’d be hauled before Privette on contempt charges.
“You can’t do that,†said Randle Daily, who posts videos on YouTube under the name . “If we’re on a public sidewalk, that’s our First Amendment right.â€
Shortly after Johnson arrived, Daily and another person were handcuffed and taken into court. She was dumbfounded.
“The whole thing was bizarre,†Johnson says. “This can’t actually be happening in 2022.â€
But it is, and in a rural area like Howell County, residents often feel helpless when they confront a judge, sheriff or other powerful local official. To take on such battles, they often turn to outside sources for help, like attorneys or journalists from out of town.
In the courtroom, Privette told the folks hauled into court that his powers extended beyond the courthouse steps.
“You could use a telescope and take (photos or videos) from a mile away and you would be in contempt of this court’s order,†the judge said, according to .
Daily and his fellow travelers weren’t about to back down.
“He thinks he’s King George,†Daily says of Privette. “He thinks he’s above the law.â€
After leaving the courtroom, they went to talk to “the law†— Sheriff Brent Campbell — and suggested he shouldn’t let his deputies be used by Privette in an unconstitutional ploy. They created a community and social media stink.
George Sholtz, the station manager at Big Country 99, got involved. He started talking about the dispute on the radio and filed a Sunshine Law request for documents related to Privette’s order.
“I can’t tolerate a local public official trying to violate the Constitution and take away our civil rights,†Sholtz told me.
Campbell, apparently, agreed. On Sept. 16, the sheriff issued a statement on Facebook saying that he was taking over courthouse security. That day, Privette rescinded his order.
“At the request of the Howell County Sheriff all orders regarding filming in and around the Howell County Courthouse are withdrawn,†says the new order, posted to the door on the front of the courthouse.
The citizen protesters stood their ground and won.
“We got change done,†Daily says. “We the people helped make the change. It was voices, man. It was voices.â€