'We've always known that the only way to protect free speech and a free press is to not have the courts play a significant role in regulating it,' said Gregg Leslie, executive director of the First Amendment Legal Clinic at Arizona State University.
A court should overturn a restraining order filed against a Phoenix reporter who is investigating whether an Arizona politician is following the law by living in the district she represents, First Amendment attorneys and journalism leaders say.
"We've always known that the only way to protect free speech and a free press is to not have the courts play a significant role in regulating it. Anything that becomes kind of licensure or regulation of the media just ends up putting the power in the hands of government to control what a reporter is doing. And that's absolutely offensive to the First Amendment."
The lawmaker also asked that Sanchez be banned from the state Senate, but Senate President Warren Petersen, R-Gilbert, said Sanchez can continue to work as a reporter in the Senate as long as she doesn't approach Rogers at her desk. “Knocking on doors and asking questions is what we do,” Burton said. “It's how we find the truth. It's an act of journalism that legislative leaders should be constitutionally obligated to defend. Their apparent endorsement of this order will have a chilling effect on newsgathering and should be withdrawn or overturned immediately."
If the judge does grant the injunction immediately, as happened in this case, the defendant can file a written request for a hearing, and the hearing must take place within 10 days of the request.
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