The fine against the Morning Star, however, is severe and places a heavy burden on reporters. Such arbitrariness is confusing. The press cannot do is job if reporters constantly fear legal reprisal. North Carolina's courts have historically understood this. The U.S. attorney general declined to prosecute Mitchell.
Britt stands alone.
In addition to freedom of the press, the Conoco case presented a public health issue. Public scrutiny of such cases is an essential check on judicial power. Britt's order that the settlement remain secret prevented even the plaintiffs from knowing or discussing their share of the award. With her persistence, Kirsten Mitchell did a service to readers. It is difficult to balance the authority of the courts with freedom of the press, and to weigh the privacy of litigators against an open judicial system.