First Amendment

Florida appeals court quashes judge's order that Palm Beach Post unpublish online transcripts

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A Florida appeals court has quashed a judge’s order to remove already published material from a newspaper’s website.

In a one-page ruling (PDF) on Tuesday, the state’s 4th District Court of Appeal characterized the order as “overbroad”. It said an opinion addressing all legal issues in the case would be forthcoming, the Palm Beach Post reports.

The appeals court decision came soon after Palm Beach County Circuit Judge Jack Schramm Cox held a brief hearing with an assistant public defender charged with contempt of court for allegedly violating his non-disclosure order. Cox had ordered the newspaper last month to remove from its website transcripts of taped telephone recordings involving a jailhouse informant, and quotes published in an October story. The order prohibits anyone from publishing or disclosing information about calls involving the jailhouse snitch, Frederick Cobia. Cobia’s attorney had argued that Cobia’s privacy rights would otherwise be violated.

Martin Reeder, a lawyer for the Post, called the appellate court ruling a victory for the First Amendment.

“I think the community got back its free press just in time for Christmas,” he said.

Related articles:

ABAJournal.com: “Florida lawyer charged with contempt of court for allegedly violating judge’s nondisclosure order”

ABAJournal.com: “Judge orders Florida newspaper to unpublish information on its website”

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