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Remedies Keyed to Kovacic-Fleischer, 8th
In re Providence Journal Co.
Citation:
820 F.2d 1342, 820 F.2d 1354 (1987), cert. dismissed, 485 U.S. 693Facts
The Providence Journal Company and its Executive Director Charles M. Hauser were subject to a district court order restraining publication of certain information. The publisher believed the restraining order constituted an unconstitutional prior restraint on speech. Approximately eight and one-half hours elapsed between the issuance of the district court’s restraining order and the publisher’s publication deadline. The publisher proceeded to publish the embargoed information in violation of the court order. The district court subsequently held the Providence Journal Company and Hauser in criminal contempt for violating the restraining order and imposed very substantial sanctions against them. The publisher appealed the contempt finding, arguing that the underlying restraining order was transparently unconstitutional and therefore need not be obeyed before being challenged.
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