Helena Daily World v. Simes

I concur in the decision of the majority. This petition was previously considered by this court in Helena Daily World v. Phillips County Circuit Court, 361 Ark. 146, 205 S.W.3d 134 (2005). In that per curiam opinion, we granted the request that certain documents be certified to us under seal, and we declined to address the remaining issues until those documents were received.

As noted, the testimony that is the subject of the restraining order was given in open court. A courtroom has been characterized a “particularly public forum.” In re Charlotte Observer, 921 F.2d 47, 50 (4th Cir. 1990).…