NCJ Number
36871
Journal
Trial Volume: 12 Issue: 9 Dated: (SEPTEMBER 1976) Pages: 26-29
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 (1966), ARGUING THE FREE PRESS 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 VIEWS DECISION ON THREE LEVELS - A POLICY STATEMENT IN SUPPORT OF THE PUBLIC'S RIGHT TO KNOW, OPPOSITION TO PRIOR RESTRAINT ON PRESS INFORMATION ABOUT THE COURTS, AND ENCOURAGEMENT FOR TRIAL COURT JUDGES TO USE ALTERNATIVES TO GAG ORDERS SUCH AS LIMITING ACCESS TO CERTAIN PERSONS, DOCUMENTS, AND PROCEEDINGS IN SENSATIONAL TRIALS. THE AUTHOR EXAMINES ISSUES COVERED IN THE OPINIONS AND CONCLUDES THAT THE MAJORITY AND CONCURRENT OPINIONS TAKEN TOGETHER APPEAR TO INDICATE THAT THE DIRECT PRIOR RESTRAINT ORDER AGAINST PUBLICATION OF COURT INFORMATION HAS BEEN VIRTUALLY ELIMINATED. FOR OTHER ARTICLES ON THIS DECISION, SEE NCJ-36870 AND 36872.