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A Florida judge granted an emergency injunction on June 10, 2022, barring the Sarasota Herald-Tribune and reporter Melissa Pérez-Carrillo from publishing the names of deputies involved in a fatal shooting in April, the outlet reported.

According to the Herald-Tribune, the State Attorney’s Office provided the outlet with the last names of the three deputies involved in a court-ordered eviction that resulted in the shooting death of a Sarasota resident as part of a routine public records request.

The Sarasota County Sheriff’s Office argues that two of the deputies’ identities are confidential under Marsy’s Law, which provides certain protections to crime victims and was added to the Florida Constitution in 2018.

Chief Circuit Judge Charles Roberts granted the request from the Sheriff’s Office and the 12th Judicial Circuit State Attorney’s Office at 6:30 p.m. on a Friday evening without notifying the Herald-Tribune, the outlet reported.

Attorneys for the Herald-Tribune filed an emergency motion to dissolve the injunction on June 13 on behalf of the newspaper Pérez-Carrillo. The motion, which was reviewed by the U.S. Press Freedom Tracker, contends that the order amounts to an unconstitutional prior restraint violating both the United States and Florida constitutions.

“Freedom of speech means that it’s up to the Herald-Tribune to decide whether to report information in its possession, especially facts about such a significant matter as a fatal shooting by law enforcement,” James Lake, an attorney for the Herald-Tribune, told the outlet. “We fully expect that, once our arguments are heard, the injunction will be set aside.”

The law firm representing the Herald-Tribune told the Tracker that a hearing on the motion to dissolve has been scheduled for June 21 before Judge Charles Williams.


This content originally appeared on U.S. Press Freedom Tracker: Incident Database and was authored by U.S. Press Freedom Tracker: Incident Database.

Citations

[1] Judge orders Herald-Tribune not to publish Sarasota deputies’ names ➤ https://www.heraldtribune.com/story/news/local/sarasota/2022/06/14/judge-orders-herald-tribune-not-publish-sarasota-deputies-names-marsys-law/7624647001/