EDITORIAL: Chief Moose earned sniper book rights
April 16, 2003
Today may officially be First Amendment Day in Ames, but the battle to sustain Americans’ freedoms of speech, expression, religion, press and free association still rages on across the country. Montgomery County Police Chief Charles Moose, famous for his role in the Washington D.C.-area sniper case, discovered this in his attempt to publish his autobiography relating to the October shootings.
Moose has been offered $100,000 from Dutton Books for rights to his story, but a county ethics commission ruled last month that Moose cannot publish his book, which he has already written seven chapters of, according to CNN. He appealed the decision on April 14 to the Montgomery County Circuit Court, asking for an opinion on the previous ruling.
Moose has not yet received any payment from Dutton.
County officials contend that a law in the county’s ethic code says that Moose cannot publish his book. The code, found in Chapter 19A, section 4.7, states, “County employees and uncompensated appointed officials may not use confidential information gained in county employment for personal financial gain or for any purpose other than use in county employment.”
The March 20 decision reiterated this code, stating, “The commission’s opinion is supported by the federal government’s conclusion that it can prohibit its employees from accepting outside compensation for teaching, speaking, or writing that relates to an employee’s official duties, consistent with the First Amendment.”
As Moose’s attorney Ronald Karp puts it, this is a major First Amendment case. Karp told CNN that, “It’s hard for me to believe that we’re here in the year 2003 and we’re discussing suppression of a book.”
Not only are we suppressing a book, but we are suppressing an individual’s right to tell their story. People want to know what happened in the sniper case. Public interest is behind Moose, not the ethics commission.
The interesting thing about this case is that the statute is considerably clear. “Confidential information” gained while employed by the county cannot be used for “personal financial gain.” Moose’s knowledge of the sniper shootings and desire to sell that story could be seen as falling within the context of the code.
But the code is denying Moose of his constitutionally guaranteed rights under the First Amendment. While the timing of the book is questionable — it is slated to be published this fall — Moose should be allowed to proceed with his autobiography, as long as he doesn’t reveal sensitive case material.
If all else fails, Moose should just quit the Montgomery County police force, publish the book and live off the money it will provide him. There is no shame in using First Amendment rights and gaining from them.
Editorial Board: Cavan Reagan, Amber Billings, Ayrel Clark, Charlie Weaver, Katie List