Incident
United States federal court bars CNN from broadcasting recordings of Manuel Noriega's calls with his lawyers
United StatesRSF 2026 rank: 64th of 180
- Prior restraint
- Stage Silence
- Upheld by a court

In November 1990, the United States District Court for the Southern District of Florida ordered Cable News Network to stop broadcasting tape recordings of jailed former Panamanian leader Manuel Noriega's telephone conversations with his defense lawyers. The Supreme Court of the United States declined to lift the order on November 18, 1990, over a dissent from Justices Thurgood Marshall and Sandra Day O'Connor.123
What happened
General Manuel Noriega, a defendant in a pending federal criminal proceeding in Florida, asked the United States District Court for the Southern District of Florida to stop Cable News Network from broadcasting recorded conversations between him and his attorneys. On November 8, 1990, the District Court continued a temporary restraint on the broadcast, and a second written order dated November 9, 1990, kept the restraint in place for up to ten days while the court reviewed the recordings. CNN asked the United States Court of Appeals for the Eleventh Circuit to lift the order, but the panel denied relief, saying the First Amendment interests of the press and the public would be served by CNN immediately producing the tapes to the District Court rather than broadcasting them. CNN then asked the Supreme Court of the United States to stay the restraining orders and to review the case. On November 18, 1990, the Supreme Court denied both requests. Justice Thurgood Marshall, joined by Justice Sandra Day O'Connor, dissented.1234567
What reason was given
Stated justificationManuel Noriega's motion asked the court to prevent Cable News Network from broadcasting the recorded conversations between him and his attorneys.4
What changed for reporting
Rather than clearing Cable News Network to broadcast the recordings, the Eleventh Circuit panel said the First Amendment interests of the press and the public would be served by CNN immediately producing the tapes to the District Court for review.5
Timeline
1990
Who acted
| Name | Role in this incident | Office at the time |
|---|---|---|
| William M. Hoeveler | ordered | United States District Judge for the Southern District of Florida |
Outlets and journalists
| Name | Kind | Relation |
|---|---|---|
| CNN | outlet | affected |
Sources
- United States v. Noriega, 917 F.2d 1543 (11th Cir. 1990)
- Cable News Network, Inc. v. Noriega, 498 U.S. 976 (1990)
Claims and evidence
Each numbered claim quotes the source it rests on.
- The United States District Court for the Southern District of Florida entered an order enjoining Cable News Network from broadcasting taped communications between Manuel Noriega, a defendant in a pending criminal proceeding, and his defense counsel.
The District Court in this case entered an order enjoining petitioner Cable News Network (CNN) from broadcasting taped communications between respondent Manuel Noriega, a defendant in a pending criminal proceeding, and his counsel.
Cable News Network, Inc. v. Noriega, 498 U.S. 976 (1990), Legal Information Institute, Cornell Law School, 1990-11-18.Claim 746, checked 2026-09-26. - The District Court's first written order, continuing the temporary restraint on broadcast, was dated November 8, 1990.
The first written order, dated November 8, 1990, continued the temporary restraint
United States v. Noriega, 917 F.2d 1543 (11th Cir. 1990), Caselaw Access Project, Harvard Law School Library Innovation Lab, 1990-11-10.Claim 747, checked 2026-09-26. - A second written order dated November 9, 1990 kept the restraint on broadcasting the tapes in place for up to ten days while the District Court reviewed them.
The second written order, dated November 9, 1990, clarified the first written order and specified that the restraint would remain in effect for up to ten days, or until such lesser time as the District Court needed to decide the issue on the merits after review of the tape recordings.
United States v. Noriega, 917 F.2d 1543 (11th Cir. 1990), Caselaw Access Project, Harvard Law School Library Innovation Lab, 1990-11-10.Claim 748, checked 2026-09-26. - Manuel Noriega's motion asked the court to prevent Cable News Network from broadcasting the recorded conversations between him and his attorneys.
Noriega sought to prevent CNN from broadcasting the recorded conversations between Noriega and his attorneys.
United States v. Noriega, 917 F.2d 1543 (11th Cir. 1990), Caselaw Access Project, Harvard Law School Library Innovation Lab, 1990-11-10.Claim 749, checked 2026-09-26. - The Eleventh Circuit panel held that Cable News Network had to immediately produce the tapes to the District Court so it could weigh the competing constitutional interests, rather than being cleared to broadcast them.
The foregoing analysis compels the conclusion that the First Amendment interests of the press and the public will be best served by immediate production of the tapes held by CNN so that the District Court can conduct the difficult balancing of constitutional rights required under these circumstances
United States v. Noriega, 917 F.2d 1543 (11th Cir. 1990), Caselaw Access Project, Harvard Law School Library Innovation Lab, 1990-11-10.Claim 750, checked 2026-09-26. - The Supreme Court of the United States denied Cable News Network's application to stay the District Court's restraining orders and denied its petition for a writ of certiorari on November 18, 1990.
The application to stay restraining orders of the United States District Court for the Southern District of Florida presented to Justice KENNEDY and by him referred to the Court is denied. The petition for a writ of certiorari is denied.
Cable News Network, Inc. v. Noriega, 498 U.S. 976 (1990), Legal Information Institute, Cornell Law School, 1990-11-18.Claim 751, checked 2026-09-26. - Justice Thurgood Marshall, joined by Justice Sandra Day O'Connor, dissented from the denial of the stay and of certiorari.
Justice MARSHALL, with whom Justice O'CONNOR joins, dissenting.
Cable News Network, Inc. v. Noriega, 498 U.S. 976 (1990), Legal Information Institute, Cornell Law School, 1990-11-18.Claim 752, checked 2026-09-26.