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Home > Circuit Court v. Florida Times-Union

Circuit Court v. Florida Times-Union [1]

Submitted by DMLP Staff on Tue, 01/19/2010 - 17:49

Summary

Threat Type: 

Denial of Access

Date: 

01/14/2010

Status: 

Pending

Location: 

Florida

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Access: Courts
On January 14, 2010, during the second day of a high-profile murder trial, Circuit Judge L. Page Haddock of the Fourth Judicial Circuit Court in Duval County, Florida, ordered a reporter for the Florida Times-Union's Jacksonville.com to stop live-blogging the... read full description
Parties

Party Receiving Legal Threat: 

Morris Publishing Co., LLC, d/b/a The Florida Times-Union

Type of Party: 

Government

Type of Party: 

Organization

Location of Party: 

  • Florida

Location of Party: 

  • Florida

Legal Counsel: 

George D. Gabel, Jr., Timothy J. Conner; Jennifer A. Mansfield; Gigi Rollini - Holland & Knight, LLP
Description

On January 14, 2010, during the second day of a high-profile murder trial, Circuit Judge L. Page Haddock of the Fourth Judicial Circuit Court in Duval County, Florida, ordered a reporter for the Florida Times-Union's Jacksonville.com [2] to stop live-blogging the trial. Reporter Bridget Murhpy had been posting her live updates to a Jacksonville.com page dedicated to the trial [3], which also hosts streaming video coverage of the trial. 

The judge stated that that the computer was distracting the jury and that live-blogging violates a Florida Supreme Court order about how many transmitting devices are allowed in a courtroom.  According to regular court practice in the jurisdiction, one television camera and one still photographer also were covering the proceedings, and the judge ruled that only two devices total were permitted.  Later that day, counsel for the newspaper presented argument before the court and filed a written motion, but Judge Haddock denied its motion to allow live-blogging. (The judge's order and the newspaper's motion are contained in Exhibits 1 and 3 of Petitioner's Appendix [4].) 

The next day, Judge Haddock issued an amended order (contained in Exhibit 5 of the Petitioner's Appendix [4]), which appears to allow use of electronic media on a limited basis.  According to MediaPost [5], the Times-Union is interpreting the new order as allowing it to alternate between taking still photos and live-blogging in the case.

On January 15, the newspaper filed an emergency petition [6] with the District Court of Appeal for review of the trial court's orders.

Update:

1/20/10 - The District Court of Appeal granted the petition for emergency appea [7]l and quashed the order denying the newspaper's motion for laptop access. He appellate court sent the case back to the trial court with instructions to allow the newspaper's reporter to use a laptop in the courtroom "unless the court finds a specific factual basis to conclude that such use cannot be accommodated without undue distraction or disruption."  According to Jacksonville.com [8], this ruling was fiollowed by a new decision from Judge Haddock that leaves in place the reporting restrictions he imposed on January 15. 

Related Links: 

  • Jacksonville.com: Judge shuts down Jacksonvilll.com blog; Times-Union to appeal [9]
  • Romenesko: Florida Times-Union to appeal judge's order to stop live-blogging murder trial [10]
  • MediaPost: Fla. Judge Limits Newspaper's Ability to Live Blog Murder Trial [5]
Details

Web Site(s) Involved: 

Jacksonville.com: Dubose brothers trial [3]

Content Type: 

  • Text

Publication Medium: 

Blog

Subject Area: 

  • Access to Courts
Court Information & Documents

Jurisdiction: 

  • Florida

Source of Law: 

  • Florida

Court Name: 

Circuit Court of the Fourth Judicial Circuit of the State of Florida, in and for Duval County (trial level); District Court of Appeal First District of Florida (appeal)

Court Type: 

State

Case Number: 

162006CF018283; 162006CF018284; 162006CF018285;

Relevant Documents: 

PDF icon 2010-01-15-Florida Times-Union Petition for Review of Order Denying Motion to Allow Access of Reporter to Trial With Laptop.pdf [11]
PDF icon 2010-01-15-Florida Times-Union Appendix to Petition.pdf [12]
PDF icon 2010-01-20-Order Granting Emergency Petition in Part.pdf [13]

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Source URL (modified on 08/20/2014 - 11:10pm): https://www.dmlp.org/threats/circuit-court-v-florida-times-union

Links
[1] https://www.dmlp.org/threats/circuit-court-v-florida-times-union
[2] http://jacksonville.com/
[3] http://news.jacksonville.com/dubose/
[4] https://www.dmlp.org/sites/citmedialaw.org/files/2010-01-15-Florida%20Times-Union%20Appendix%20to%20Petition.pdf
[5] http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=120746
[6] https://www.dmlp.org/sites/citmedialaw.org/files/2010-01-15-Florida%20Times-Union%20Petition%20for%20Review%20of%20Order%20Denying%20Motion%20to%20Allow%20Access%20of%20Reporter%20to%20Trial%20With%20Laptop.pdf
[7] https://www.dmlp.org/sites/citmedialaw.org/files/2010-01-20-Order Granting Emergency Petition in Part.pdf
[8] http://jacksonville.com/news/metro/2010-01-20/story/appeals_court_tosses_court_blogging_order_against_jacksonvillecom
[9] http://jacksonville.com/news/metro/2010-01-14/story/judge_shuts_down_jacksonvillecom_blog_times_union_to_appeal
[10] http://www.poynter.org/column.asp?id=45&aid=175961
[11] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2010-01-15-Florida%20Times-Union%20Petition%20for%20Review%20of%20Order%20Denying%20Motion%20to%20Allow%20Access%20of%20Reporter%20to%20Trial%20With%20Laptop.pdf
[12] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2010-01-15-Florida%20Times-Union%20Appendix%20to%20Petition.pdf
[13] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2010-01-20-Order%20Granting%20Emergency%20Petition%20in%20Part.pdf