Unlawful Prior Restraint.

The plaintiff’s attorney in a personal injury case had a website advertising her success in two cases raising issues similar to those she was about to try. The trial court admonished the jury not to “Google” the attorneys or to read any articles about the case or anyone involved in it. Concerned that a juror might ignore these admonitions, the court ordered the attorney to remove for duration of trial two pages from her website discussing the similar cases. The attorney petitioned for extraordinary relief. The appellate court summarily denied the petition, and the attorney sought review in the California Supreme Court. The Supreme Court granted review and transferred the matter back to the Court of Appeal to issue an order to show cause. Meanwhile the attorney took down the two pages involved, the case was tried, and the trial was concluded. The appellate court then discharged her petition for writ of mandate, stating: “The trial court’s order constituted an unlawful prior restraint on [attorney’s] constitutional right to free speech. Because the order is no longer in effect, the trial court need not take any action. Having served its purpose, the order to show cause is discharged and the petition for writ of mandate is denied.” It should be noted, the appellate court seemed to be piqued in that the trial court’s order only related to two pages, but the attorney represented to the California Supreme Court that the order involved her entire website.  (Steiner v. Sup. Ct. (Volkswagen Group of America) (Cal. App. Second Dist., Div. 6; October 30, 2013) (As mod., November 26, 2013) 220 Cal.App.4th 1479, [164 Cal.Rptr.3d 155].