Las Vegas Review-Journal, Inc. v. Eighth Judicial District Court (Chasing Horse)

Summary

The Nevada Supreme Court granted an emergency petition for a writ of mandamus challenging district court restrictions on the publication of an alleged victim’s identity and the exclusion of media representatives from a criminal trial. The court held that the restrictions constituted an unconstitutional prior restraint and that the exclusion violated the press’s First Amendment right of access to criminal proceedings. The court concluded that the district court had manifestly abused its discretion.

Holdings

1. The district court manifestly abused its discretion by imposing an unjustified prior restraint on the Review-Journal's publication of the alleged victim's name. A prior restraint is justified only when the restrained activity poses a clear and present danger or serious and imminent threat to a protected competing interest, the order is narrowly drawn, and no less restrictive alternative is available; those requirements were not satisfied.
2. The district court violated the Review-Journal's First Amendment right of access to the criminal trial by ejecting and excluding it for refusing to submit to an unconstitutional publication restraint.
3. Mandamus relief was warranted because the district court's rulings were not independently appealable and, without intervention, would cause irreparable injury.

Questions Presented

1. Whether the district court's restriction prohibiting the press from publishing an alleged victim's name constituted an unconstitutional prior restraint.
2. Whether the district court violated the press's First Amendment right of access to criminal trials by excluding the Review-Journal from the courtroom for refusing to comply with the publication restriction.
3. Whether extraordinary writ relief was appropriate because the challenged rulings were not independently appealable and would cause irreparable injury.

Disposition

writ_granted