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State ex rel. News Herald v. Ottawa County Court of Common Pleas

Citations: 77 Ohio St. 3d 40; 671 N.E.2d 5Docket: No. 96-1463

Court: Ohio Supreme Court; October 10, 1996; Ohio; State Supreme Court

Narrative Opinion Summary

The case involves relators challenging a trial court's gag order that restricted their ability to publish information obtained from open court proceedings. Initially, the court dismissed their action for a writ of prohibition, believing it was not a suitable remedy. Upon reconsideration, the court acknowledged that such writs are historically appropriate to challenge orders impinging on free speech and press rights. The court vacated its prior dismissal, affirming that a writ of prohibition is suitable to contest prior restraints, as highlighted in landmark cases like New York Times Co. v. United States. The gag order constituted a prior restraint by prohibiting publication of legally obtained information and posed a threat of criminal contempt. The court issued a writ of prohibition to dissolve the gag order, reinforcing the constitutional protection against prior restraints on speech. However, the court denied the writ concerning juvenile record disclosure, indicating that a mandamus action is more fitting for such requests. This decision reestablishes the relators' right to challenge unconstitutional restraints and affirms the procedural route for accessing juvenile court records.

Legal Issues Addressed

Appropriate Remedies for Access to Juvenile Records

Application: The court determined that an action in mandamus, not prohibition, is the appropriate remedy for seeking disclosure of juvenile court records.

Reasoning: However, for the juvenile court records sought by relators, an action in mandamus is more appropriate than prohibition.

Constitutionality of Prior Restraints

Application: Prior restraints on media publication, such as the trial court's gag order, were deemed unconstitutional and a writ of prohibition was issued to prevent enforcement.

Reasoning: Prior restraints on media publication are generally deemed unconstitutional, as established in New York Times Co. v. United States.

Writ of Prohibition as a Remedy for Prior Restraints

Application: The court recognized a writ of prohibition as appropriate to challenge trial court orders restricting access to court proceedings, particularly relating to free speech and press rights.

Reasoning: The court outlines that a writ of prohibition has been historically recognized as the proper means to challenge trial court orders that restrict access to court proceedings, particularly in cases affecting free speech and press rights.