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MIAMI HERALD PUB. CO. v. MARKO

Nos. 50192, 50266.

352 So.2d 518 (1977)

MIAMI HERALD PUBLISHING COMPANY, a Division of Knight-Ridder Newspapers, Inc., al Messerschmidt and Gore Newspapers Company, Appellants, v. The Honorable Paul M. MARKO, Circuit Court Judge, Appellee.

Supreme Court of Florida.

November 17, 1977.

Attorney(s) appearing for the Case

Parker D. Thomson and James D. Spaniolo of Paul & Thomson, Miami, John W. Fleming of Fleming, O'Bryan & Fleming, Fort Lauderdale, and Robert L. Shevin, Atty. Gen., James D. Whisenand, Deputy Atty. Gen., and Sharyn L. Smith, Asst. Atty. Gen., Tallahassee, for appellants.

Bruce M. Lyons of Di Giulian, Spellacy, Bernstein, Lyons & Sanders, Fort Lauderdale, Andrew I. Friedrich, West Palm Beach, and John D. O'Donnell of Panza, O'Donnell & Jacobson, Fort Lauderdale, for appellee.

ENGLAND, Justice.

We have for review by direct appeal a final order entered by the Broward County Circuit Court which initially and directly upheld the validity of Section 905.28(1), Florida Statutes (1975).1 At issue is the constitutionality of the statutory scheme which allows the repression of "improper and unlawful" statements in a grand jury presentment relating to an individual against...

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