Temporary Restraining Order issued on March 2, 1954' for the purpose of clarifying the intention of the Court in the issuance of the said temporary restraining order.
Conclusions of Law
1. This Court has jurisdiction of this case because it arises under the First and Fourteenth Amendments to the Constitution of the United States and under the Act of Congress of June 25, 1948, c. 646, 62 Stat. 932, 28 U.S.C.A. § 1343.
2. The right of a free press is guaranteed by the Fourteenth Amendment to the Constitution of the United States, and is protected against invasion by the States or by State agencies.
3. The right of freedom of the press is protected by Article I, Section 7 of the Constitution of Pennsylvania.
4. The right of the public to be informed as to what is happening within its government, including its courts, is an integral part of the right of free press and free speech.
5. The right of a defendant to a speedy and public trial is definitely interwoven in the judicial systems of the United States and of the States with the guaranteed and protected right of a free press.
6. The order of regulation promulgated by the Westmoreland County Court was issued under color of state law, more particularly through authority delegated by the Supreme Court of the Commonwealth of Pennsylvania and the Legislature of the Commonwealth of Pennsylvania.
7. Since jurisdiction exists in this court, the motion to dismiss or quash the temporary restraining order must be denied.
8. To avoid needless friction with state policies, the usual rule of comity must govern the exercise of equitable jurisdiction by the United States District Court.
9. Authority exists for the petitioners to secure relief in the Supreme Court of Pennsylvania as a court of original jurisdiction.
10. The maintenance of appropriate relationship between federal and state authorities functioning as a harmonious whole requires a stay of the proceeding in this court pending determination of the state questions by the Supreme Court of Pennsylvania.
11. After determination of the questions by the Supreme Court of Pennsylvania, if either party feels aggrieved, on application to this court an adjudication will be immediately entered on, the application for preliminary injunction.
12. I conclude, therefore, that this court should retain the instant proceeding until a determination of the state question is made by the highest tribunal in the Commonwealth of Pennsylvania.
13. I shall direct that the proceeding in this court be stayed pending a decision of proceedings to be brought with reasonable promptness in the Supreme Court of Pennsylvania to have adjudicated the legality of the order or regulation issued by the Courts of Westmoreland County.
14. At such time as the issues are adjudicated by the Supreme Court of Pennsylvania, and it is believed by any of the parties that such determination conflicts with or is at variance with basic constitutional rights, upon proper application to this court. I shall immediately proceed to adjudicate the application for preliminary injunction together with the entry of Findings of Fact and Conclusions of Law.
15. If additional hearing or argument is requested by an interested party, the request will be given prime consideration on the docket of this court, after which final adjudication will be promptly entered.
© 1992-2004 VersusLaw Inc.