STATE OF FLORIDA EX REL. THE MIAMI HERALD PUBLISHING COMPANY, RELATOR,
v.
THE HONORABLE WILLIAM LAMAR ROSE, COURT OF RECORD JUDGE, RESPONDENT
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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 *484from 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.
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State of Fla. ex rel. Miami Herald Publ'g Co. v. McINTOSH, 340 So. 2d 904 (Fla. 1976)…this cause is quashed. It is so ordered. OVERTON, C. J., and ADKINS and HATCHETT, JJ., concur. ROBERTS, J., concurs in conclusion. ENGLAND, J., concurs with an opinion. SUNDBERG, J., concurs with an opinion. . Art. V, § 3(b)(3), Fla.Const. . 271 So. 2d 483 (Fla.App.2d DCA 1972). . 322 So. 2d 544 (Fla.1975). . New York Times Company v. U. S. and U. S. v. The Washington Post Company, 403 U.S. 713, 91 S.Ct. 2140, 29 L.Ed.2d 822; Bantam Books v. Sullivan, 372 U.S. 58, 83 S.Ct. 631, 9 L.Ed.2d 584 (1963).…
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State of Fla. ex rel. Gore Newspapers Co. & Margaret Ann Croxton v. The Honorable Robert W. Tyson, Jr., 313 So. 2d 777 (Fla. 4th DCA 1975)…xceeds its judicial power is a proper subject of a prohibition proceeding. Scussel v. Kelly, Fla.App.1963, 152 So. 2d 767, vacated on other grounds 167 So. 2d 870 (Fla.1964); see also, State ex rel. Miami Herald Publishing Co. v. Rose, Fla.App.1972, 271 So. 2d 483. Any other interpretation of the availability of the writ of prohibition would result in prohibition being limited strictly to the court’s jurisdiction over the subject matter. See State ex rel. McGreevy v. Dowling, Fla. App.1969, 223 So. 2d 89, 93.…
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Sentinel Star Co. v. The Honorable Claude R. Edwards, 387 So. 2d 367 (Fla. 5th DCA 1980)…burden imposed as a condition to securing a prior restraint was not met by the trial judge, and that the per curiam affirmance by the Fourth District Court of Appeal was in conflict with the case of State ex rel. Miami Herald Publishing Co. v. Rose, 271 So. 2d 483 (Fla. 2d DCA 1972). The court approved the Rose case as a correct statement of law, and quashed the decision of the Fourth District Court of Appeal. In Rose the trial judge had entered an order restricting communications media from publishing any i…
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- N.Y. Times Co. v. United States, 403 U.S. 713 (U.S. 1971)