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STATE OF MICHIGAN
COURT OF APPEALS


In the Matter of the MACOMB DAILY.

KEVIN E. STAFFORD, Plaintiff-Appellee, v PAMELA STAFFORD, a/k/a PAMELA MCGEE, Defendant-Appellee, and MACOMB DAILY, Appellant.

UNPUBLISHED November 23, 1999

No. 215744 Macomb Circuit Court LC No. 95-004762 DM

Before: Gribbs, P.J., Markman and J.B. Sullivan*, J.J. PER CURIAM. The Macomb Daily appeals by leave granted from an amended gag order issued in this child custody dispute. We affirm. The Macomb Daily argues that the amended gag order which the trial court issued in this case violated its First Amendment right to gather information in order to report the news. We disagree. Constitutional questions are reviewed de novo on appeal. Smith v Calvary Christian Church, 233 Mich App 96, 100; 592 NW2d 713 (1998). The Macomb Daily argues that the following order imposed by the trial court violates its First Amendment right to gather news:

* Former Court of Appeals judge, sitting on the Court of Appeals by assignment. -1

IT IS HEREBY ORDERED that the Gag Order entered October 1, 1998, is amended as follows: The Court Sua Sponte finds that the rights of the parties hereto for a fair hearing may be jeopardized and in consideration of the best interest of the minor child; IT IS HEREBY ORDERED that the plaintiff, plaintiff's counsel, defendant, defense counsel, the family members of the parties, all persons employed by the parties or their counsel, all parties with knowledge of the status and content of settlement negotiations, subpoenaed witnesses, clerks and officials in attendance to this Court, and any guardian ad litem appointed by the Court, shall not have the following forms of contact with agents and/or employees of the media including newspapers, magazines, television stations, and radio stations; and shall not comment upon the subject matter of this case, the evidence expected to be introduced, or the merits of this case; and shall not allow the minor child to be photographed, filmed, or videotaped by the media or allow the media access to take photographs, films or videotapes of the minor child. This order shall remain in effect until further order of the court. "Freedom of speech and of the press are guaranteed by federal and state constitutional provisions." US Const, Ams I, XIV; Const 1963, art 1,

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