POST-NEWSWEEK STATIONS ORLANDO v. GUETZLOE

Nos. 5D07-430, 5D07-526.

968 So.2d 608 (2007)

POST-NEWSWEEK STATIONS ORLANDO, INC., d/b/a WKMG, Appellant, v. Douglas M. GUETZLOE, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied November 19, 2007.


Attorney(s) appearing for the Case

Monterey Campbell, Jack A. Kirschenbaum and Maureen A. Vitucci of Gray Robinson, P.A., Melbourne, for Appellant.

Harry C. Greenfield of Harry C. Greenfield, P.A., Merritt Island, for Amici Curiae The Radio-Television News Directors Assoc., The Reporters Committee for Freedom of the Press and The Society of Professional Journalists.

Kathleen A. Kirby and Sam Q. Le of Wiley Rein LLP, Washington, D.C., for Amici Curiae The Radio-Television News Directors Assoc.

Bruce W. Sanford, Bruce D. Brown and Laurie A. Babinski of Baker & Hostetler LLP, Washington, D.C., for Amici Curiae The Society of Professional Journalists.

Lucy A. Dalglish and Gregg P. Leslie, Arlington, VA, for Amici Curiae The Reporters Committee for Freedom of the Press.

Sanford L. Bohrer, Judith M. Mercier, Charles D. Tobin and David C. Borucke of Holland & Knight LLP, Orlando, for Amici Curiae The Florida Association of Broadcasters, Orlando Sentinel, South Florida Sun-Sentinel, WBZL-TV, Tribune Company, Inc., WESH-TV, Hearst-Argyle Television, Inc., WOFL FOX 35, WOGX FOX 51, WRBW 65, WTVT FOX 13, WPTV-TV, WFTS-TV, The Naples Daily News, Treasure Coast Newspapers, The E.W. Scripps Co., The Daytona Beach News-Journal, News-Journal Corp., The Lakeland Ledger, The Sarasota Herald-Tribune, The Ocala Star-Banner, The Gainesville Sun, The New York Times Co., Florida Today, The News-Press, Pensacola News Journal, Tallahassee Democrat, WTSP-TV, WTLV-TV, WJXX-TV, Gannett Co., Inc., The Associated Press, The Washington Post, Cable News Network, Inc., The Florida Press Assoc., and The First Amendment Foundation in Support of Defendant/Appellant WKMG.

Frederic B. O'Neal, Windermere, for Appellee.


TORPY, J.

Appellant, a television station broadcaster, challenges a temporary injunction that prohibits it from broadcasting the contents of documents obtained from a storage unit leased by Appellee. Appellant's challenge is based on its argument that the injunction constitutes an unconstitutional prior restraint on free speech. After de novo review, we determine that Appellee failed to meet his heavy burden to justify imposition of the injunction. Therefore, we reverse...

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