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Reports

Too Much Access to Bristol Palin and Levi Johnston

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Posted on Dec 31, 2009

By Ruth Marcus

As a journalist, I’m supposed to be in favor of maximum access to court documents. As a human being—and in particular as a mother—I have a hard time seeing why the custody fight between Bristol Palin and Levi Johnston ought to be splayed out on the public record for all to see. An Alaska judge has denied Palin’s request to keep the dispute under seal. How can this possibly be in the best interests of the child?

Johnston’s approach, it’s safe to say after his recent appearance in Playgirl, is to let it all hang out. His lawyers argued that “the courts are not refuges for the scions of the elite to obtain private dispensation of their legal matters,” and Johnston topped that off with a dig of his own at his former would-be mother-in-law.

“I hope that if it is open she will stay out of it,” he said in an affidavit. “I think a public case might go a long way in reducing Sarah Palin’s instinct to attack.” This is more than a bit hard to take from a man who was happy to dish to Vanity Fair about life behind the scenes Chez Palin: Sarah and Todd’s talk of divorce, Todd’s nights on the living room recliner, Sarah in her “two-piece pajama set from Wal-Mart.” Talk about an instinct to attack.

When a British newspaper, The Guardian, later asked Johnston whether he thought his remarks about Tripp’s grandmother might be harmful to his child. “I hope not, but what else are you going to do?” For starters, maybe act like a grown-up?

Law is all about precedents, and Bristol Palin’s lawyers note that the custody disputes between Alec Baldwin and Kim Basinger and between Britney Spears and Kevin Federline were conducted under seal. The most ironic argument, though, comes in their citing a 1997 Alaska Supreme Court ruling emphasizing that the state constitutional right to privacy extends to minors as well as adults. The decision overturned a state law requiring parental consent for minors seeking abortions—a ruling then-Gov. Palin denounced as “outrageous.”

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The harder question in the case is whether Bristol Palin’s request for sole legal and physical custody of her son—with Johnston given visitation rights—should be granted. It’s clear that Bristol has taken on nearly all the burden, physical and financial, of raising her son; it’s less clear whether Johnston has failed to step up to the plate because he has been blocked from it or because he is a slacker. Has his behavior been so irresponsible that he should be ousted from having any say in his child’s upbringing?

As Emily Bazelon has pointed out in Slate, “Modeling for Playgirl doesn’t make Levi a model for decorous fatherhood, but it’s hardly enough to strip him of his right to help make decisions about his son’s life, which is what sole legal custody for Bristol would mean.”

If I were the judge in the case, I’d want to know more before deciding—but I’d do it the right way, behind closed doors.

Ruth Marcus’ e-mail address is marcusr(at symbol)washpost.com.

© 2009, Washington Post Writers Group


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Blueboy1938's avatar

By Blueboy1938, January 6, 2010 at 12:52 pm Link to this comment

Thanks, Frank.  I guess I got “Tripp-ed” up there because I was too quick to pull the “Trigg-er” and didn’t do my research;-)

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By Frank, January 5, 2010 at 8:28 pm Link to this comment
(Unregistered commenter)

Trigg (sic), actually Trig Palin, is Bristol and Levi’s baby’s retarded nine-month-old uncle.

Tripp is the name of the child over whom a custody battle is being fought.

Track is Bristol’s older brother, who was sent away to Wisconsin for a year after he apparently vandalized over 100 Alaska school busses and shut down the district for a day.

He was probably “encouraged” by the court to join the military after that escapade.

Todd Palin is Tripp’s grandpa.

“Trouble, oh we got trouble, right here in River City! With a capital ‘T’ that rhymes with ‘P,’ and that stands for pool.”
– Professor Hill

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Blueboy1938's avatar

By Blueboy1938, January 5, 2010 at 4:17 pm Link to this comment

Actually, “sole custody” does not preclude visitation.  It just determines who will make life decisions about the child while he is a minor.  It similarly does not nullify support requirements.  So Levi would have access to Trigg prescribed by the court and also his monitory contributions, but would have no say in raising his son.

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By faith, January 5, 2010 at 12:42 pm Link to this comment

Hmm.  Interesting article.  However, Ms. Marcus fails to address the fact that
Miss Palin’s action disparages Mr. Johnson’s reputation by inference if nothing
else.  Sole custody suggests that young Levi is unfit to be around his own
child-ever, at all.  Is it possible that someone put Bristol up to taking such a
harsh action?  Because the action is so harsh I think the sitting Judge was truly
wise in determining that the case should be public. Not because the public
needs to know, but because the transparency will clearly reflect what is actually
going on.

It will be interesting to see if Miss Palin decides to back away from the court
request to ban her (former) boyfriend and father of her child from visiting his
child. To present such a request in court requires truly egregious conduct.  If
one of them knows the action is either malicious in its presentation to the
court, or in the alternative, one recognizes a need to improve parenting skills
fairness to all requires a fair and public hearing.

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By George Burke, January 3, 2010 at 12:37 pm Link to this comment
(Unregistered commenter)

Is Ms Markus suggesting that courts should be closed? 

In a democratic society the people have the right to review proceedings.  This hopefully keeps the judges, lawyers, prosecution, and defendants honest.

I’m sure Ms Markus would object to many corporate and political cases being conducted ‘behind closed doors,’ but the same abuses in those cases can occur in more domestic cases.  The ramifications are also just as powerful to future cases, and so concern us all.

Close all court proceedings, and the justice systems gets even more corrupt.

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Blueboy1938's avatar

By Blueboy1938, January 3, 2010 at 12:19 pm Link to this comment

What planet are you from, FiftyGigs?

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By FiftyGigs, January 3, 2010 at 10:22 am Link to this comment

Ruth, the whole bunch are slackers. Oh, duh.

They also invite “slackerism”, the phenomena whereby no one bothers to make the lady answer whether or not she or her husband believe Alaska ought to secede from the union.

What you’re talking about is the media. Yourself, in fact, and I don’t know you, so I have no grip with you personally.

Rolling Stone, on the other hand, appears to be buying-in to the conservative media culture. The recent piece of “journalism” by Matt Taibbi should garner them a pretty good piece of the liberal pie.

Taibbi has fashioned a nice corner in which a liberal writer, with no special knowledge or experience in the field(s) he’s chosen to write about, scrapes out a living with an honestly classic writing style. Several paragraphs of “gosh, can you believe?”, followed by a hint of real fact, the relevance of which is reinforced by a few more “Ohmigoshes”.

Go back and read Matt’s first pieces, in which he admits to knowing nothing about the economy, so he goes to get some understandable answers. Nice! And admittedly, he’s acquired a remarkable layman’s knowledge of a broad field, including economics and politics. Well, the intent of Wall Street too. White House maneuverings, global commerce, and oh yes don’t forget human nature. Hey, it’s a great gig, and Matt’s curiosity is his strength and appeal.

So, why did RS bemoan their own showcase with an editorial about how reluctant they were to run it? “Please, God, Rush didn’t really say he was giving up broadcasting, did he?” Might RS also just give up publishing one day? Could they ever get so bummed? Maybe I’ll find out in the next issue.

Sandwiched in-between, a 5-star article about a television show—a tv show not about music, I don’t think—the relevance to RS of which appeared to be the prominent presence of a Rolling Stone logo on stage. And for a long time. I understand cultural cool. My point isn’t that RS isn’t cool.

And I don’t really want to denigrate Taibbi’s article by juxtaposing it against how surprised RS must have been when a big tv production “decided” to slap on the ole RS logo unbeknownst to RS because certainly that might suggest that someone in the industry knew what was happening in the industry resulting in something coincidentally fortunate for the industry. That’s different from what Matt’s talking about, isn’t it?

Let me be crystal clear: I really don’t think anybody did anything illegal or even wrong. Not for one single moment.

But I could make a great story out of it.

Taibbi’s article, and the editorial lead-in, were biased. Only certain facts were presented, enough to justify the sensationalism of the promotion, but the entire piece fundamentally presumes the reader must accept RS’ and Taibbi’s self-reached conclusions as righteous. If you do, then waft along on wonderful words.

But without presenting the balancing facts that provide the foundation for the “‘tude”—too much to hope for any semblance of truth in any media—RS deprives its liberal readership of the point.

Are you going to (shhh) secretly start “grass roots” campaigns next? I hope you charge less than Republicans.

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By Kerry Mackenzie, January 3, 2010 at 8:14 am Link to this comment
(Unregistered commenter)

myloUSMC.

Are you seriously suggesting that ANY court procedure should be closed to the public?

Or are you suggesting that the public should be able to have access to some court cases and not others?

Is that selective democracy?

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By expat in germany, January 3, 2010 at 3:39 am Link to this comment
(Unregistered commenter)

I clicked on this link only to see what 23 people had to add to this waste of time and space. Now I’m adding my own! This article is a perfect reflection of what ails us: too much free time and too little imagination. Just last night I walked into the office to witness some father-son bonding: My son, 13, was showing my husband, 46, how take care of some electronic animals on Facebook!Ah, Christmas break…

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By myloUSMC, January 3, 2010 at 3:22 am Link to this comment

I know whatI am doing wrong on this site I read the Article make a comment then Read the other comments!!!! what A fool I am just think If I didnot waste my time reading the Articles Iwould not knwo that over 1/2 the postings are so far off topic by the 50th post that no one from that point on Reads anything but the Blogs
......From nowon I will juststart by commenting on the Weather and my postion with regards to which ever political Jack has enraged me that day ...YEA   that is it I have relly learned to Ramble on YOU RAMBLERS…
I learned that from the bomber story the entire thing was gone and only Ahab(the Arabian ) was spouting about something and on and on and on

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By myloUSMC, January 3, 2010 at 3:16 am Link to this comment

The family was lucky not to have him in it anymore than they did. Idonot believe any familys privacy is open to public observation unless one is considering being A peeping tom or Pedifile.
THIS guy was looking to mske money simply put .As for PAlen family wE are human and if there is one fact about people they all have problems ,skeletons, or things they would rather not air publicly….....HAd john kennedys life been on display before and during his presidency The out come would have ruined the protracted views of millions of people who had other things on their mind.
Had we know that the most decorated hero in American history Audy Murphy was an alcoholic and felt inferior what good would it have done.
What help was served by knowing the personal life of Micky Mantle…... and Of course what good has it done to know how CLINTON liked to Smoke or
Whether Tiger Woods great golfer has PENIS envey
seperate Family and State along with Religion State ...We each pay at the final Bell and only hope that we kept our forks for the Dessert

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By Bruce, January 2, 2010 at 9:36 pm Link to this comment
(Unregistered commenter)

Alaskans know, without this insightful analysis that every party involved in this
melodrama are basically poor white trash or black preying mantis lawyers, and eat
your young politicians.

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By bozhidar balkas, vancouver, January 2, 2010 at 9:45 am Link to this comment
(Unregistered commenter)

When US under truman abombed hiroshima and later nagasaki, had he announced that to americans?

had any prez told their people that indigenes must cede all of their lands to US and recognize it as US territories or face warfare?

How many wars had US waged but had not declared? Obama, on the other hand merely said that he’ll expand war on terror.
He also had not declared an invasion or aggression.

Kennedy had not, am i right, decalred’62 an invasion of cuba!?

In light of what i said now,it cld be said that bush and cheney were a bit more ‘stupid’; i.e., honest on verbal level than dem’c prezes.

be it as it may, in US u have one cia, fbi, army, congress, wh, judiciary, law, bank and constitution but inseparable from one another in reality.

A banker can be as bellicose as hitler, mussolini, obama;any judge, cia/fbi/policeman, ceo, collumnist, shareholder.
It is one living organism;with each and all organs working together to maintain it. EG, constitution is holy and each prez is a godhead as far as killing of ‘alien’ pop goes.
None ever stood trial for US crimes!
tnx

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DieDaily's avatar

By DieDaily, January 2, 2010 at 12:56 am Link to this comment

bozhidar balkas, vancouver: I gotta say that as despicable as they were when you say “Cheney and Bush are more honest on verbal level than Obama, Clinton, Kennedy, et al.”...um, yeah, I can’t argue with that. They were evil but they said that they were going to do the creepy stuff they did and then did it. Obama? Hell no. He pretends he is left of center, when he’s the worst sort of war-mongering corporatist. So yes, no less evil (well, not much less at any rate), but far, far, far more honest about the evil they wanted to perpetrate? Sure, Bush and Cheney were definitely that.

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Truth Decay's avatar

By Truth Decay, January 1, 2010 at 11:26 pm Link to this comment

Barracudas are known for their viciousness, not for their ethics.

A lot of people have invested a great deal of time, effort and money to make public the copious documentation which absolutely proves Sarah Palin is dishonest and vindictive to the point of sociopathy.

It’s a shame Ms. Markus is apparently so ignorant of these facts.

Abusing the power of office to bully ex-brother-in-law Mike Wooten ... her $150,000 shopping spree at the start of the 2008 campaign (complete with a $95 baby pacifier ?!?)... the stream of inconsistencies, misrepresentations and outright lies in her “book” ... and now she’s been recognized for creating the Biggest Lie of 2009:  “Death Panels” ...

In light of such behavior, Levi’s “What else can you do?” comment reveals pragmatic wisdom, not immaturity.

Thanks to his extensive knowledge of Ms. Palin’s true character, he knows only too well that during this custody battle,  court-imposed transparency will be his only protection.

And no doubt by now he must really regret not using protection in the past.

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By RickinSF, January 1, 2010 at 11:20 pm Link to this comment
(Unregistered commenter)

I’m willing to give Levi Johnson more credence than Ruth Marcus on the vindictive,
mean-spiritedness of the Palin clan.

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By Haibalo, January 1, 2010 at 11:20 pm Link to this comment
(Unregistered commenter)

Too much access?  Perhaps, but not as a result of a judge’s decision to open the files.  In judicious fairness, the judge had to open the court proceedings to prevent one of the parties (Johnston) from being trampled, pummeled or perhaps trammeled eventually by the cult of Palin.  Smart tactical move on behalf of a seemingly deft but insensitive would-be father and his team of lawyers.

If Marcus was sincerely concerned with the child’s future ignominy, she would not persist in further enhancing the ripple effect of the ever-expanding morass of non-news surrounding this pathetic public discourse.  Marcus is not an innocent journalist editorializing on some imagined breach of privacy, but rather one apparently betrayed by her own fatuous “Facebook” journalistic ethic.  She has wittingly increased access, and more distressing, access to the forefront of my e-mail inbox if not my mind.  This pisses me off.

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By John777, January 1, 2010 at 5:45 pm Link to this comment

Levi Johnston is nothing less than heroic.  He is the only one, to my knowledge, who discussed Dragon Lady Palin’s true reason for resigning as Alaska’s governor.  She was thus—the only way—set free to write her “book” and to earn fees for her apperances.  Money was the reason, and Levi Johnston exposed that clearly in his brave Vanity Fair article.  He is more than justified to get custody of his child.

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By Frank, January 1, 2010 at 5:41 pm Link to this comment
(Unregistered commenter)

Ms. Marcus has it wrong.

In 1997, the Alaska Legislature passed a law restricting abortion for minors and requiring parental consent before an abortion.

Planned Parenthood challenged the statute and the case was decided 3-2 in favor of the privacy rights of minors in November 2007, at a time when Palin had been governor for less than eleven months.

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Blueboy1938's avatar

By Blueboy1938, January 1, 2010 at 2:10 pm Link to this comment

It would be interesting to know whether Sarah Palin’s position in favor of
“traditional marriage” - by which she means between a man and a woman, of
course - might run into conflict with her daughter’s petition to be a single parent,
subjecting Tripp to being deprived of a male parent who has a coequal role in the
upbringing of his child.

As for the judge’s decision to rule against Ms. Palin’s request, it seems to me that
he is simply conceding that the two parties in the custody case, Bristol and Levi,
are adults and do not need meddling from a third party.

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By Kerry Mackenzie, January 1, 2010 at 1:18 pm Link to this comment
(Unregistered commenter)

Sarah Palin has screamed for attention from day one.  Now it doesn’t suit her because it interrupts an agenda of vindictiveness.

Does anyone not believe that she is out to punish Levi Johnson for not marrying her daughter, and not falling into line to make her look good?

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By Mundt, January 1, 2010 at 11:40 am Link to this comment

Levi(Louse)Johnston is a deadbeat dad and lazy loafer who should be denied any & all contact with Bristol or Tripp. Let him hang out with Joy Behar or the editorial staff at Vanity Fair. You know, someplace far, far from Alaska.

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Magginkat's avatar

By Magginkat, January 1, 2010 at 11:35 am Link to this comment

Ms. Marcus,  Might I suggest that you mind your own business, especially if this matter bothers you so much.  It’s really none of your business.

Now for my opinion….. Granny Palin has been an absolute b i t c h throughtout this whole thing so she should keep her nose out of the custody fight too.  We’ve seen what she tried to do to her ex brother in law.  I agree with Levi Johnston….one way to keep her away is to keep the records public.  That does not necessarily mean that TV reporters, etc., should be allowed in the court room.

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By ardee, January 1, 2010 at 6:37 am Link to this comment

I am uncertain which is worse, the article itself, prying into a tabloid topic that is only peripherally political due to the presence of Palin or the execrable comments of several posters.

I agree with the perceptive comment of Outraged and hope for the very same outcome.

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By montanawildhack, January 1, 2010 at 6:37 am Link to this comment

Outraged,,,

Thank you for your kind words and the “amen.”

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Outraged's avatar

By Outraged, January 1, 2010 at 1:48 am Link to this comment

Re: montanawildhack

Your comment: “Can I get an “Amen.”

I doubt it, however with a measure more of your baseless nonsense I think I could “get you” a rousing GOOD RIDDANCE…...

Go for it… you ol’ dog.

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JimBob's avatar

By JimBob, December 31, 2009 at 6:04 pm Link to this comment

It’s all a lot of nonsense.  No one’s going to get sole custody, that doesn’t happen unless one parent is putting out cigarettes on the kid’s feet or unless one parent simply doesn’t want to be a parent.  Failing either of those scenarios, they’ll have some form of shared custody.  End of non-story.

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By gerard, December 31, 2009 at 4:50 pm Link to this comment

Publicity is the mother’s milk of politics.

And in America a Guargantua is born every other minute.

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Russian Paul's avatar

By Russian Paul, December 31, 2009 at 4:19 pm Link to this comment

“I have a hard time seeing why the custody fight between Bristol Palin and Levi
Johnston ought to be splayed out on the public record for all to see.”

Well you just wasted an article blathering about it. You could have written
something of substance, instead you waste our time with this garbage.

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By wagonjak, December 31, 2009 at 4:07 pm Link to this comment
(Unregistered commenter)

I see you’ve deleted my last comment, so I’ve deleted TruthDig from my
bookmarks bar…I visited your site every day, but I’m through here after this Ruth
Marcus blog…C

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By trf, December 31, 2009 at 3:44 pm Link to this comment
(Unregistered commenter)

Er, seems like we’re missing the point.  Good move, Levi.  He’s trying to protect himself from the vengeance that Sarah Palin and her henchmen would do to get back at him.

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By TAO Walker, December 31, 2009 at 2:34 pm Link to this comment

“As a journalist…,” isn’t Ruth Marcus “supposed to” leave herownself out of her reportage.  She seems regularly to assume that we’re all breathlessly eager to learn how she feels about this-or-that.  Come to think of it, this self-centeredness is increasingly a feature in the work a number of self-styled “journalists,” not only on this site but all over the media-scape.

It looks to this old Savage like Ms. Marcus has a bone to pick with young Levi Johnston (perhaps as a surrogate for any number of his peers), and took the occasion of the custody case to vent.  If she is really so concerned about the effects of an open record on the child, she could’ve lessened those at-least a little by refusing to drag the boy’s situation, which she says is nobody else’s business anyhow, into even more public view.

Maybe this article would’ve been more accurately and honestly introduced by:  “As a gossip columnist…..”   

HokaHey!

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By montanawildhack, December 31, 2009 at 2:20 pm Link to this comment

Do not donate any money to truthdig!!!!!!!!!!!!!

Tabloid “journalism” on this site is unexcussable…

If they keep posting articles like this I will stop posting my opinions and then watch your ratings fall through the roof because I guarantee that more people look forward to reading what I write than corporate shill Ms. Marcus.

Can I get an “Amen.”

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By bozhidar balkas, vancouver, December 31, 2009 at 1:34 pm Link to this comment
(Unregistered commenter)

I am not going to beat Bush or around the bush or Bush- i am going to be economicly with words and say Cheney and Bush are more honest on verbal level than obama, clinton, kennedy, et al.

On [im]moral level there may be one mm gaps btwn any one of them. Folks, that is because any prez is a mere manager.
Nevertheless, the herrenvolk wld not allow them to hold office for,let’s say, 20 yrs or lngr; for obvious reasons. No, no prez is da boss. Only the money is da boss! tnx

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