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Mass. High Court To Hear OpenCourt Archiving Issue

The state's highest court will decide whether the pilot program OpenCourt, which maintains an Internet video feed of proceedings at Quincy District Court and is operated by WBUR, can post video of a hearing online over the objection of prosecutors.

Norfolk County Assistant District Attorney Varsha Kukafka argued Thursday that posting the video online would be harmful to the young victim involved, who was sexually assaulted.

“It would be wrong because of her age. She's 15.” Kukafka said. “It would be wrong because of the nature of the charges.”

Lawrence Elswit represents WBUR's OpenCourt initiative and said that at issue is whether the court can restrict just one member of the media from publishing information that is already in the public record.

WBUR offered to remove the victim's name and other identifying information from the video.

Justice Margot Botsford referred the case to the full Supreme Judicial Court.

Earlier:

This program aired on August 4, 2011. The audio for this program is not available.

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