In a motion for an injunction to prevent the publication of prejudicial news that is prejudicial to the trial of a defendant in a defamation case, does plaintiff have any grounds to oppose the injunction?

California, United States of America


The following excerpt is from Los Angeles County v. Superior Court for Los Angeles County, 253 Cal.App.2d 670, 62 Cal.Rptr. 435 (Cal. App. 1967):

As we have noted above, plaintiff also contends that the proposed injunction would simply carry out the directive of the court in Sheppard v. Maxwell. In support of that contention plaintiff directs our attention to the concluding paragraph of the court's discussion of the problem where the court said: 'From the cases coming here we note that unfair and prejudicial news comment on pending trials has become increasingly prevalent. * * * Given the pervasiveness of modern communications and the difficulty of effacing prejudicial publicity from the minds of the jurors, the trial courts must take strong measures to ensure that the balance is never weighed against the accused. * * * But we must remember that reversals are but palliatives; the cure lies in those remedial measures that will prevent the prejudice at its inception. The courts must take such steps by rule and regulation that will protect their processes from prejudicial outside interferences.' (384 U.S. at 362--363, 86 S.Ct. at 1522, 16 L.Ed.2d at 620.)

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