WFTV, INC., D/B/A PALM BEACH NEWSPAPERS, INC., PETITIONER,
v.
MARY ROE AND EDWARD HORTON, DISTRICT NINE ADMINISTRATOR, FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES, AND THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES, RESPONDENTS
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Court quashed a trial court order imposing a blanket prior restraint on media publication of identifying information about a child in a dependency proceeding, holding that any restraint on lawfully obtained information requires a showing of manifestly overwhelming need.
A trial court order imposing a blanket prior restraint on media publication of identifying information about a child and related parties in a dependency proceeding is unlawful and must be quashed.
[1] A blanket prior restraint on media publication of identifying information in judicial records requires a showing of manifestly overwhelming need and cannot restrain the u…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“No names, pictures or any other identifying information involving the child in question, his biological family, his foster parent and any other children in the foster home shall be used in any media form....”
The provision in Paragraph 4 of the trial court's order that petitioner challenged as an unlawful prior restraint.
WFTV, a newspaper, sought certiorari review of a trial court order granting its motion to intervene to obtain access to judicial records in a child de…
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PER CURIAM.
Petitioner seeks certiorari review of Paragraph 4 of the trial court’s order granting its motion to intervene to obtain access to judicial records. Petitioner contends Paragraph 4 of the trial court’s order imposes an unlawful prior restraint in that it provides:
No names, pictures or any other identifying information involving the child in question, his biological family, his foster parent and any other children in the foster home shall be used in any media form....
Petitioner argues that the provision is overly broad because it restrains its use of lawfully gained information from independent sources separate and apart from the legal proceeding.
We grant certiorari and quash Paragraph 4 of the trial court’s order. The trial court may on remand and upon proper motion and notice conduct such hearings as necessary to determine whether there is a manifestly overwhelming need for prior restraint of any information contained in the court file. See Jacksonville Television, Inc. v. Florida Dept. of Health and Rehabilitative Servs., 659 So. 2d 316 (Fla. 1st DCA 1994); Florida Pub. Co. v. Brooke, 576 So. 2d 842 (Fla. 1st DCA 1991)(citing Landmark Communications, Inc. v. Virginia, 435 U.S. 829, 849, 98 S.Ct. 1535, 1546-47, 56 L.Ed.2d 1 (1978)(Stewart, J., concurring)).
CERTIORARI GRANTED.
STONE, C.J., and DELL and FARMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Landmark Commc'ns, Inc. v. Virginia, 435 U.S. 829 (U.S. 1978)
- Fla. Publ'g Co. v. The Honorable Alban E. Brooke, 576 So. 2d 842 (Fla. 1st DCA 1991)
- Jacksonville Television, Inc. v. Fla. Dep't OF Health & Rehabilitative Servs., 659 So. 2d 316 (Fla. 1st DCA 1994)