State ex rel. Beacon Journal Publishing Co. v. Kainrad

I concur with the majority that the order of Judge Kainrad was a Usurpation of judicial power and therefore invalid. I also concur in.the judg*356ment granting the permanent writ of prohibition but am compelled to make additional comment.

The underlying issue in this ease is whether a trial court may impose prior restrictions or restraints upon the news media in its reporting of criminal proceedings conducted in open court. It is noted that in this case we are not dealing with a court-imposed prior restraint or “gag order” against lawyers, court personnel, parties or witnesses to a case, but with…