KFMB-TV CHANNEL 8 v. Municipal Court

In 1989 an intruder shot and killed Daniel Broderick, a prominent San Diego attorney, and his wife, Linda, as they slept in their family home. Later, according to press reports, the intruder identified herself as Elizabeth Ann Broderick, Daniel Broderick’s former wife. The tragic event and public statements by Mrs. Broderick have generated and continue to generate widespread publicity and substantial media attention.

On March 19, 1990, the date set for Mrs. Broderick’s preliminary hearing, several media representatives requested and obtained court permission to conduct film electronic media coverage pursuant to California Rules of Court, rule 980. In each instance, however, the court’s order was qualified prohibiting the witnesses’ statements from being broadcast without further court authorization. Before the afternoon session of the preliminary hear ing commenced, counsel for three television stations, KFMB Channel 8, KGTV Channel 10, and KNSD Channel 39, asked the court to clarify the order suggesting that prohibiting broadcast of witnesses’ statements without court approval was an unconstitutional prior restraint on publication. The court refused to remove its…