Supreme Court of Louisiana, 1994

A-Ace Video Gaming Co. v. State ex rel. DPSC

A-Ace Video Gaming Co. v. State ex rel. DPSC
Supreme Court of Louisiana · Decided February 11, 1994 · Dennis, Ortique
634 So. 2d 367; 1994 La. LEXIS 385; 1994 WL 40926 (Southern Reporter, Second Series)

A-Ace Video Gaming Co. v. State ex rel. DPSC

Dissenting Opinion

ORTIQUE, J.,

would deny the writ: Application is premature. Relators may reapply to the Court of Appeal in the event of an adverse decision on the rule for contempt.

DENNIS, J., not on panel.

Opinion of the Court

In re Oxley, Mark; Jones, Ronald; — Other(s); applying for supervisory and/or reme*368dial writs; Parish of East Baton Rouge, 19th Judicial District Court, Div. “D”, No. 402-020; to the Court of Appeal, First Circuit, No. CW94 0084.

Granted. The statements in the newspaper article forming the basis for the contempt rule do not carry a threat of clear and present danger to the orderly administration of justice and are of the character which the principles of the First and Fourteenth Amendments protect. Wood v. Georgia, 370 U.S. 375, 82 S.Ct. 1364, 8 L.Ed.2d 569 (1962); Economy Carpets Manufacturers and Distributors, Inc. v. Beter Business Bureau, 330 So.2d 301 (La. 1976). Accordingly, the rule for contempt is vacated.

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