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Iowa justice lifts prior restraint order against newspaper

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December 19th, 2017 by Ric Hanson

IOWA CITY, Iowa (AP) — An Iowa Supreme Court justice has lifted an order that temporarily blocked the state’s largest newspaper from reporting the contents of records legally obtained from a public court file. Critics had denounced the Dec. 11 order by Justice David Wiggins as an impermissible prior restraint in violation of the First Amendment to the U.S. Constitution and decades of case law. Wiggins removed the stay Tuesday in an order explaining the court had declined to consider attorney Jaysen McCleary’s request for an injunction blocking publication.

Wiggins had ordered the Des Moines Register and investigative reporter Clark Kauffman to not “disclose or share” information from court records relating to McCleary’s medical and financial history while the court considered his appeals. The newspaper had asked for the stay to be vacated.