NCJ Number
36872
Journal
Trial Volume: 12 Issue: 9 Dated: (SEPTEMBER 1976) Pages: 32-35
Date Published
1976
Length
4 pages
Annotation
REVIEW OF THE SUPREME COURT DECISION IN NEBRASKA PRESS ASSOCIATION V STUART (1976), THE COURT'S FIRST RULING ON THE FAIR TRIAL-FREE PRESS QUESTION SINCE SHEPPARD V MAXWELL, (1976), ARGUING THE FAIR TRIAL SIDE.
Abstract
IN THE NEBRASKA CASE, THE COURT, BY UNANIMOUS DECISION, STRUCK DOWN A LOWER COURT ORDER PROHIBITING THE PRESS FROM PUBLISHING CERTAIN TYPES OF ALLEGEDLY PREJUDICIAL INFORMATION ABOUT A PENDING MURDER CASE. THE AUTHOR EXAMINES THE OPINIONS IN THIS CASE AND THOSE IN OTHER BURGER COURT FIRST AMENDMENT DECISIONS AND ASSESSES THEIR IMPACT ON THE EXCLUSIONARY RULE. HE CONCLUDES THAT IN LIGHT OF PAST RULINGS, THE PRESENT COURT WILL MAKE NO PROGRESS TOWARD CREATING A CONFESSIONS EXCEPTION TO THE FIRST AMENDMENT RULE AGAINST PRIOR RESTRAINTS. SUGGESTIONS TO FUTURE LITIGANTS ARE MADE, HIGHLIGHTING OPINIONS IN THE NEBRASKA PRESS ASSOCIATION CASE. FOR OTHER ARTICLES ON THIS DECISION, SEE NCJ-36870 AND 36871.