SJC to review order barring WBUR from archiving video

In the meantime, Botsford will decide whether to continue an order by a Quincy District Court judge preventing WBUR from archiving the footage.

Lawrence S. Elswit, representing the radio station, argued that the First Amendment supersedes other considerations, and that responsible news organizations can mitigate concerns such as protecting victims’ identities.

He said other media outlets that reported on the May 27 dangerousness hearing were not restricted from posting articles to the Internet.

But Varsha Kukafka, a Norfolk assistant district attorney, said that there is a difference between normal news coverage and the broad access WBUR was granted in its OpenCourt project, which streams and archives the first session of Quincy District Court, when most of the day’s criminal cases are heard.

“The articles that Mr. Elswit refers to don’t have anything like what is in the recording, of the names and so forth,’’ Kukafka said.

Botsford pressed Kukafka to explain that opinion, given that Elswit said the radio station would redact the girl’s name and other identifying information spoken during the May hearing, including names of her family members, her school, and her friend’s name.

“If you redacted all of them, would you agree that it could be archived, or no?’’ Botsford said.

“No,’’ Kukafka responded, adding, “What was created was a recording that was done under the auspices of the court… . Whether this is an official or an unofficial recording, it did not follow the path of all the rules that are laid out.’’

The rules she referred to are an SJC ruling that establishes limitations to cameras in courtrooms at the judge’s discretion.

The OpenCourt project has logged court sessions at opencourt.us since May 2.

Access to the OpenCourt archives is restricted by requiring users to register and log in.

During the dangerousness hearing for Norman Barnes, who is accused of kidnapping a 15-year-old girl and forcing her into prostitution in Greater Boston, the defense attorney said the girl’s name three times, and Judge Mark Coven granted a prosecutor’s motion to prevent, or stay, the video from being archived.