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STATE v. GLOBE COMMUNICATIONS CORP.

No. 91-3112.

622 So.2d 1066 (1993)

STATE of Florida, Appellant, v. GLOBE COMMUNICATIONS CORPORATION, Appellee.

District Court of Appeal of Florida, Fourth District.

August 4, 1993.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Richard L. Polin, Asst. Atty. Gen., Dept. of Legal Affairs, Miami, for appellant.

Carey Haughwout and John F. Tierney, III of Tierney & Haughwout, West Palm Beach, for appellee.

Richard J. Ovelmen of Baker & McKenzie, Miami, for amici curiae — The Miami Herald Pub. Co., Nat. Broadcasting Co., Inc., The New York Times Co., The American Civil Liberties Union, The Reporters Committee for Freedom of the Press, The Florida First Amendment Foundation and Gannett Co., Inc.

Bruce W. Sanford, Henry S. Hoberman and Robert D. Lystad of Baker & Hostetler, Washington, D.C., for Amicus Curiae-Society of Professional Journalists.

George K. Rahdert of Rahdert & Anderson, St. Petersburg, for amicus curiae — The Times Pub. Co.

ANSTEAD, Judge.

We affirm the trial court's order holding that section 794.03, Florida Statutes (1987), which mandates criminal sanctions for anyone who identifies a victim of a sexual offense in any instrument of mass communication, violates free speech and free press provisions of the Constitutions of Florida and the United States, both on its face and in the way it is sought to be applied to the appellee newspaper, Globe Communications Corporation in this case...

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