The criticism from the nation's most prominent group of directing editors of newspapers came after a federal marshal required two reporters to erase audiotapes of a speech by Justice Scalia in Hattiesburg, Miss., last week.

"Justice Scalia is as wrong as wrong can be to insist that his public utterances not be fully covered," said Peter K. Bhatia, president of ASNE and executive editor of The Oregonian in Portland.

"First, the remarks of a supreme court justice are inherently newsworthy and of interest to the American people. After all, he was speaking to high school and college audiences. Second, recording devices are used by reporters to ensure accuracy and fair coverage."

Douglas C. Clifton, chair of ASNE's Freedom of Information Committee and editor of The Plain Dealer, Cleveland, said the matter was made even worse by the marshal's actions.

"Legal experts believe seizing or destroying a reporter's notes or tapes, in the absence of an announced ban, may violate a federal law and the Fourth Amendment, which prohibits unreasonable searches," Clifton said. "And, for sure, it's just plain wrong for this to happen in a free country."

Bhatia and Clifton said they were appalled that the U.S. Marshal for the Southern District Friday defended his agent's actions in the matter.

"We hope, on review at the highest level, the marshal's service will reconsider its position and instruct its agents to act accordingly," Clifton said.

Editor's note: On April 12, 2004, Justice Scalia sent a letter to Lucy Dalglish at the The Reporters Committee for Freedom of the Press, addressing the issue.To see the text of the letter, got to http://www.rcfp.org/news/releases/scalia_response.pdf. To see the RCFP press release about the letter, go to http://www.rcfp.org/news/releases/view.cgi?2004_04_12_scaliare.txt.