Legal Opinion
State ex rel. Daily Mail Publishing Co. v. Smith
West Virginia Supreme Court
Decided June 27, 1978No. 14158; No. 14180PublishedCited by 24 opinions
1Opinion of the Court
Neely, Justice:
These two cases, which have been consolidated for decision, both present a conceptionally indisguisable permutation of a classic First Amendment, freedom-of-the press issue concerning prior restraint on publication which the United States Supreme Court has addressed numerous times in the last ten years. These original jurisdiction proceedings seek to prohibit the respondent judges of the Circuit Court of Kanawha County, and the Prosecuting Attorney of Kanawha County from prosecuting petitioners under W.Va. Code, 49-7-3 [1941] which forbids any newspaper from publishing the name…
2Cases cited17 opinions
- Nebraska Press Assn. v. StuartSupreme Court of the United States · 1976
- Near v. Minnesota Ex Rel. OlsonSupreme Court of the United States · 1931
- Freedman v. MarylandSupreme Court of the United States · 1965
- Shuttlesworth v. City of BirminghamSupreme Court of the United States · 1969
- Southeastern Promotions, Ltd. v. ConradSupreme Court of the United States · 1975
12 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Hinkle v. BlackWest Virginia Supreme Court · 1979
- State Ex Rel. D. D. H. v. DostertWest Virginia Supreme Court · 1980
- State Ex Rel. Herald Mail Co. v. HamiltonWest Virginia Supreme Court · 1980
- Marra v. ZinkWest Virginia Supreme Court · 1979
- Kanawha Co. Public Library Bd. v. Board of Education of the County of KanawhaWest Virginia Supreme Court · 2013
19 more not listed; retrieve them via the Exa API.