State ex rel. Miami Herald Publishing Co. v. Rose

State ex rel. Miami Herald Publ'g Co. v. Rose, 271 So. 2d 483 (Fla. Dist. Ct. App. 1972)

Court: District Court of Appeal of Florida · State Appellate Courts
Decided: December 18, 1972
Docket: No. 72-1033
Judges: Per Curiam
Citations: 271 So. 2d 483

Cited by 8 1 descriptions by later courts

Opinion — Per Curiam

271 So.2d 483 (1972)

STATE of Florida ex rel. the MIAMI HERALD PUBLISHING COMPANY, Relator,

The Honorable William Lamar ROSE, Court of Record Judge, Respondent.

No. 72-1033.

District Court of Appeal of Florida, Second District.

December 18, 1972.

Daniel P.S. Paul and John-Edward Alley of Paul & Thomson, Miami, for petitioner.

William Lamar Rose, pro se.

Joseph P. D'Alessandro, State's Atty., Fort Myers, for respondent.

Morton A. Goldberg, Fort Myers, for defendant David Hedden.

PER CURIAM.

This cause is before us on a Suggestion for Writ of Prohibition in which the relator is seeking to prohibit enforcement of a pretrial order in a murder case (State of Florida v. David Hedden, Case No. F 72-281, Court of Record, Lee County) restricting communications media in their reports of the trial. The relator makes no objections to those portions of the order prohibiting photographs within the area described but objects solely to that portion of the order prohibiting it *484 from publishing any information about the case except testimony presented in open court, including hearings in chambers. To the extent that the order operates as a prior restraint upon constitutionally privileged publication or communication it is invalid. The trial judge has ample power to insure a fair trial for Hedden without suppressing relator's first amendment rights; for example the jury has been sequestered and other procedural safeguards have been taken.

Accordingly, pursuant to Rule 4.5 (g), F.A.R., 32 F.S.A., and rather than proceeding in prohibition, the order under attack is hereby stayed. See, New York Times Co. v. U.S., 1971, 403 U.S. 713 , 91 S.Ct. 2140 , 29 L.Ed.2d 822 , and cases therein cited.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(order restricting coverage of a murder case to those events occurring in open court)

Cooper v. Rockford Newspapers, Inc., 339 N.E.2d 477 (Ill. App. Ct. 1975)

Cited by 8 cases

View all citing references →

Relies on it most ⓘ

Sentinel Star Co. v. Edwards387 So. 2d 367 (Fla. Dist. Ct. App. 1980)
State ex rel. Miami Herald Pub. v. McIntosh340 So. 2d 904 (Fla. 1977)
State ex rel. Miami Herald Publishing Co. v. McIntosh322 So. 2d 544 (Fla. 1975)
United States v. Schiavo504 F.2d 1 (3d Cir. 1974)
State ex rel. Gore Newspapers Company v. Tyson313 So. 2d 777 (Fla. Dist. Ct. App. 1975)
Cooper v. Rockford Newspapers, Inc.339 N.E.2d 477 (Ill. App. Ct. 1975)

Most recent

State ex rel. Pensacola News-Journal, Inc. v. Fleet388 So. 2d 1106 (Fla. Dist. Ct. App. 1980)
Sentinel Star Co. v. Edwards387 So. 2d 367 (Fla. Dist. Ct. App. 1980)
State ex rel. Miami Herald Pub. v. McIntosh340 So. 2d 904 (Fla. 1977)
Cooper v. Rockford Newspapers, Inc.339 N.E.2d 477 (Ill. App. Ct. 1975)
State ex rel. Miami Herald Publishing Co. v. McIntosh322 So. 2d 544 (Fla. 1975)
State ex rel. Gore Newspapers Company v. Tyson313 So. 2d 777 (Fla. Dist. Ct. App. 1975)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

Depth	Case	Cited by
	N.Y. Times Co. v. United States, 403 U.S. 713 (1971)	917

`/`	Focus the search box
`j` `k`	Next / previous result
`Enter`	Open the selected result
`x`	Add / remove the selected result from the download list
`n` `p`	Next / previous search term in a case
`c`	Copy the citation of the current case
`+` `−`	Larger / smaller reading text
`?`	Show this list