Freedom Communications, Inc. v. Superior Court

A newspaper, petitioner Freedom Communications, Inc., doing business as The Orange County Register (The Register), seeks extraordinary relief from an order enjoining it from reporting on trial testimony in a case in which it is the defendant. As explained below, we find this order an impermissible prior restraint violative of both the United States and California Constitutions. Finding plain error, we issue a peremptory writ of mandate in the first instance directing the trial court to vacate the order barring The Register from publishing the testimony of witnesses at trial.

Background

The Register is the defendant in a wage-and-hour class action brought by the persons who deliver copies of the paper to homes and businesses each morning. These newspaper carriers claim The Register has improperly classified them as independent contractors and denied them the meal breaks, overtime pay, minimum wage and other benefits to which they are entitled as employees.

With trial 10 days away, plaintiffs applied ex parte for a sweeping order prohibiting The Register from reporting on “anything concerning or relating to any aspect of this litigation,” on any of the attorneys involved…