FREE PRESS V FAIR TRIAL IN NEBRASKA - A POSITION PAPER

• NCJ Number: 37542
• Journal: Nebraska Law Review Volume: 55 Issue: 4 Dated: (1976) Pages: 543-571
• Author(s): M R LARSON
• Date Published: 1976
• Length: 29 pages
• Corporate Author: University of Nebraska
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS ARTICLE ANALYZES THE FACTS OF THE CASE IN NEBRASKA PRESS ASSOCIATION V STUART (1976) AND EXPLORES THE PROBLEMS FACING A PROSECUTOR IN A SENSATIONAL TRIAL.

Abstract

IN NEBRASKA PRESS ASSOCIATION V STUART, THE COURT HELD THAT AN ORDER OF JUDICIAL RESTRAINT OF MEDIA COVERAGE OF A BRUTAL MASS MURDER VIOLATED THE FIRST AMENDMENT RIGHTS OF MEMBERS OF THE NEWS MEDIA. THE AUTHOR REVIEWS THE POSITIONS OF THE TRIAL COURT AND MEDIA REPRESENTATIVES AS WELL AS CASE LAW DEALING WITH CONFLICTS BETWEEN THE FIRST AND SIXTH AMENDMENT PROVISIONS. COURT POLICY REGARDING PRIOR RESTRAINTS AND THE ISSUE OF TEMPORARY RESTRAINT VS PUBLIC ACCESS RAISED IN NEBRASKA PRESS ASSOCIATION V STUART ARE ALSO DISCUSSED. THE APPLICABILITY OF THE CLEAR AND PRESENT DANGER STANDARD AND THE INADEQUACY OF THE ALTERNATIVES TO PRIOR RESTRAINT FORMULATED IN SHEPPARD V MAXWELL (1966) ARE ANALYZED. THE AUTHOR CONCLUDES THAT THE ESSENTIAL LIBERTIES ENCOMPASSED BY THE FIRST AND SIXTH AMENDMENTS CAN BE PROTECTED ONLY IN A CASE BY CASE DETERMINATION.