Marin Independent Journal v. Municipal Court

California Rules of Court, rule 980 absolutely prohibits photography or electronic media coverage of courtroom proceedings unless authorized by written order. In this case we are asked to decide whether the confiscation by the court of photographic negatives of a criminal defendant, taken by a journalist in the courtroom in violation of rule 980, runs afoul of the First Amendment as a prior restraint on speech. Under the circumstances of this case we conclude that it does not, and that the trial court acted well within its discretion in seizing the film.

Petitioner Marin Independent Journal, a daily newspaper, seeks relief by extraordinary writ from an order of respondent municipal court denying a motion for return of a roll of film confiscated from a Journal photographer who took pictures of a suspect in violation of rule 980. Both parties to the underlying criminal proceeding, the People and the suspect, Maurice H. (hereafter also referred to as the suspect), had opposed courtroom photography and now appear in this court as real parties in interest arguing in support of the municipal court’s order. Having issued an order to show cause in lieu of an alternative writ and…