Opinion

State ex rel. National Broadcasting Co. v. Court of Common Pleas

  • 52 Ohio St. 3d 104
  • 556 N.E.2d 1120
  • 17 Media L. Rep. (BNA) 2209
  • 1990 Ohio LEXIS 255
Court
Ohio Supreme Court
Filed
Jun 20, 1990
Status
Published
Author
Wright
On the bench
Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright
Cited by
23 cases

Overruled in part, on other grounds by State v. Schlee, 117 Ohio St. 3d 153 (2008)

noting that relator’s assertion of the First Amendment is not a shield to a subpoena but if the subpoena is overly broad upon issuance, the relator has an adequate remedy to challenge that through Crim.R. 17(C)

How later courts described this case

  • noting that relator’s assertion of the First Amendment is not a shield to a subpoena but if the subpoena is overly broad upon issuance, the relator has an adequate remedy to challenge that through Crim.R. 17(C)
  • recognizing that those cases adopting a three part balancing have essentially adopted the dissent in Branzburg
  • granting writ of prohibition to prevent trial court judge from enforcing ban on photographing, filming, or taping of defendant while in courtroom

Written by the judges who cited it.

Later courts went against this

  • Overruled in part, on other grounds by State v. Schlee, 117 Ohio St. 3d 153 (2008)

    Court of Common Pleas (1990), 52 Ohio St.3d 104, 108, 556 N.E.2d 1120, overruled on other grounds by State v. Schlee, 117 Ohio St.3d 153, 2008-Ohio-545, 882 N.E.2d 431.
    Ohio Supreme CourtFeb 20, 20082 citing opinionsother groundsin partRead it

The opinion

Wright, J.,

concurring. I am in agreement with the judgment in this case and the bulk of the commentary. However, I agree with Justice Douglas’ observations in Parts I, III, and IV of his concurrence.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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