STATE of Oregon ex rel. SPORTS MANAGEMENT NEWS, INC., Plaintiff-Relator,
v.
Gayle A. NACHTIGAL, Circuit Court Judge, Washington County, Defendant, and
The Oregonian Publishing Company and adidas America, Inc., Intervenors.
Supreme Court of Oregon.https://leagle.com/images/logo.png
Argued and Submitted May 29, 1996.
Decided August 29, 1996.
Attorney(s) appearing for the Case
Lee Levine, of Ross, Dixon & Masback, L.L.P., Washington, D.C., argued the cause for plaintiff-relator. With him on the briefs were Daniel J. Standish, Washington, D.C., and Robert E.L. Bonaparte, of Bonaparte, Elliott & Ostrander, P.C., Portland.
Steven K. Blackhurst, of Ater Wynne Hewitt Dodson & Skerritt, Portland, argued the cause for defendant and intervenor adidas America, Inc. With him on the brief were Lori Irish Bauman and Susheela Jayapal.
Charles F. Hinkle, Portland, argued the cause and filed the briefs for intervenor Oregonian Publishing Company.
Julianne Ross Davis, of Chernoff, Wilhauer, McClung & Stenzel, Portland, filed a brief on behalf of amici curiae Newsletter Publishers Association; Dow Jones & Company, Inc.; The McGraw-Hill Companies, Inc.; National Association of Broadcasters; The Reporters Committee for Freedom of the Press; Oregon Television, Inc.; Magazine Publishers of America, Inc.; Oregon Newspaper Publishers Association; Oregon Association of Broadcasters; and Station KOIN.
Before CARSON, C.J., GILLETTE, VAN HOOMISSEN, FADELEY, and DURHAM, JJ., and RIGGS, J. Pro Tem.
Supreme Court of Oregon.
FADELEY, Justice.
This mandamus action challenges a circuit court order that requires a newsletter publisher to obtain approval from the circuit court before it publishes an "alleged trade secret." A statute, set forth below, expressly authorizes an order imposing that sort of prior restraint on publication, even when there is no allegation that the third-party publisher1 has violated the criminal or civil law to possess the information...
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