Midland Pub. Co., Inc., In re
Decision Date | 09 January 1985 |
Docket Number | No. 4,Docket No. 68862,4 |
Parties | , 11 Media L. Rep. 1337 In re MIDLAND PUBLISHING COMPANY, INC., a Delaware Corporation, MIDLAND PUBLISHING COMPANY, INC., a Delaware corporation, Plaintiff-Appellant, v. DISTRICT COURT JUDGE, 75TH JUDICIAL DISTRICT, Defendant-Appellee. Calendar |
Court | Michigan Supreme Court |
Law Offices of Herbert H. Edwards, P.C. by Herbert H. Edwards, Midland, for plaintiff-appellant.
Doyle A. Rowland, Midland, for defendant-appellee.
Defendant, pursuant to M.C.L. Sec. 750.520k; M.S.A. Sec. 28.788(11), issued suppression orders in two criminal cases. Upon plaintiff's complaint for an order of superintending control, the circuit court found the statute constitutional, thereby dismissing plaintiff's complaint, and the Court of Appeals affirmed. 1 We granted leave to appeal in order to determine whether M.C.L. Sec. 750.520k; M.S.A. Sec. 28.788(11) is constitutional.
On July 21, 1980, complaints and arrest warrants for three persons were issued in two unrelated matters involving alleged first-degree criminal sexual conduct with child victims. The arrests were effected and, on July 23, 1980, defendant, pursuant to M.C.L. Sec. 750.520k; M.S.A. Sec. 28.788(11), entered suppression orders in the two cases. 2 That same day, plaintiff, which publishes the only daily newspaper in Midland County, The Midland Daily News, filed a complaint for an order of superintending control in the circuit court alleging that: (1) it knew the identities of the three persons and some of the details of the alleged offenses, (2) its information was obtained from sources other than the district court's files, and (3) the suppression orders constituted an unconstitutional prior restraint on publication. Accordingly, plaintiff sought: (1) to enjoin defendant from continuing the two suppression orders and from entering similar orders in the future, (2) to have the suppression orders vacated, and (3) to have M.C.L. Sec. 750.520k; M.S.A. Sec. 28.788(11) declared unconstitutional. 3 Thereafter, on July 24, 1980, the circuit court issued an order to the defendant to show cause why an order of superintending control vacating the suppression orders should not issue. A hearing was held on August 4, 1980, and the circuit court issued its opinion the next day.
In its opinion, the circuit court found: (1) that M.C.L. Sec. 750.520k; M.S.A. Sec. 28.788(11) did not constitute a prior restraint, i.e., it did not and could not prohibit plaintiff from publishing information which it had concerning the two criminal matters, 4 and (2) that neither the public nor the press possessed federal or state constitutional rights of access to probable cause proceedings. 5 Accordingly, the circuit court ordered that plaintiff's complaint be dismissed, and the Court of Appeals affirmed that dismissal.
The Court of Appeals majority found: (1) that there was no prior restraint violative of U.S. Const., Ams. I, XIV or Const. 1963, art. 1, Sec. 5; (2) that the public does not have constitutional rights, under U.S. Const. Ams. I, VI or Const. 1963, art. 1, Sec. 20, of access to pretrial proceedings; and (3) that there is no constitutional right to inspect public records, but only a common-law right which the Legislature may restrict. In re Midland Publishing Co., Inc., 113 Mich.App. 55, 57-64, 317 N.W.2d 284 (1982). Conversely, the dissent would have held: (1) that U.S. Const., Am. VI and Const. 1963, art. 1, Sec. 20 require public criminal trials; (2) that it was unnecessary to decide whether the statute constituted an unconstitutional prior restraint; (3) because the preliminary examination is part of the trial, i.e., it must be open to the public; and (4) thus, the statute was unconstitutional.
We granted leave to appeal on June 28, 1983. 6
In this Court, plaintiff continues to claim that M.C.L. Sec. 750.520k; M.S.A. Sec. 28.788(11) is an unconstitutional prior restraint on publication, even as interpreted by the circuit court and the Court of Appeals, and abridges constitutional rights of access to pretrial proceedings. 7
M.C.L. Sec. 750.520k; M.S.A. Sec. 28.788(11) provides:
"Upon the request of the counsel or the victim or actor in a prosecution under sections 520b or 520g the magistrate before whom any person is brought on a charge of having committed an offense under sections 520b to 520g shall order that the names of the victim and actor and details of the alleged offense be suppressed until such time as the actor is arraigned on the information, the charge is dismissed, or the case is otherwise concluded, whichever occurs first."
Sections 520b to 520g codify various types of criminal sexual conduct and the attendant penalties. M.C.L. Secs. 750.520b-750.520g; M.S.A. Secs. 28.788(2)-28.788(7).
The Court of Appeals majority found that:
" " Midland Publishing Co., supra, 113 Mich.App. pp. 58-60, 317 N.W.2d 284.
We endorse the analysis of the Court of Appeals majority. Obviously, the statute so interpreted does not by any stretch of the imagination constitute an unlawful prior restraint on publication by plaintiff. 8 Indeed, as is clearly implied by the term, a prior restraint is "that [which] prohibit[s] the publication or broadcast of particular information or commentary * * * that [which] impose[s] a 'previous' or 'prior' restraint on speech". Nebraska Press Ass'n v. Stuart, supra, 427 U.S. p. 556, 96 S.Ct. p. 2801. However, the statute, by its explicit terms, imposes no restraints on any person. Rather, for an event-terminable time, it directs that the "names of the victim 9 and...
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