NCJ Number
41567
Journal
Stanford Law Review Volume: 29 Issue: 3 Dated: (FEBRUARY 1977) Pages: 431-476
Date Published
1977
Length
46 pages
Annotation
THE REVIEWER EXAMINES THE U.S. SUPREME COURT DECISION WHICH INVALIDATED A JUDICIAL 'GAG' ORDER THAT HAD PREVENTED THE PRESS FROM PUBLICIZING PREJUDICIAL INFORMATION REGARDING A TRIAL.
Abstract
THIS ARTICLE IS ONE OF A SERIES IN A SYMPOSIUM OF WORKS ANALYZING THE CASE (SEE NCJ-41564 THROUGH 41574). THE ARTICLE FIRST CONSIDERS THE BACKGROUND OF THE FAIR TRIAL/ FREE PRESS CONTROVERSY THAT SETS THE STAGE FOR THE DECISION. THIS BACKGROUND IS MARKED BOTH BY ABUNDANT JUDICIAL PRECEDENT AND BY EXTRAJUDICIAL SUBMISSIONS ON THE LEGAL AND EMPIRICAL ASPECTS OF FAIR TRIAL/FREE PRESS FROM SUCH DIVERSE SOURCES AS THE WARREN COMMISSION, BAR ASSOCIATIONS, PRESS GROUPS, AND SOCIAL SCIENCE RESEARCHERS. NEXT, THE REVIEWER ANALYZES THE LOGIC IN THE CONCURRING AND MAJORITY OPINIONS. FINALLY, THE AUTHOR CONSIDERS WHAT THE DECISION SUGGESTS FOR THE FUTURE OF THE FAIR TRIAL/FREE PRESS CONTROVERSY, ITS IMPACT MORE GENERALLY ON THE DOCTRINE OF PRIOR RESTRAINT AND MORE GENERALLY STILL ON FIRST AMENDMENT ADJUDICATION AS A WHOLE.(AUTHOR ABSTRACT)...TWH