NEBRASKA PRESS ASSOCIATION V STUART - HAVE WE SEEN THE LAST OF PRIOR RESTRAINTS ON THE REPORTING OF JUDICIAL PROCEEDINGS

• NCJ Number: 38543
• Journal: Saint Louis University Law Journal Volume: 20 Issue: 4 Dated: (1976) Pages: 654-662
• Author(s): E B PRETTYMAN
• Date Published: 1976
• Length: 9 pages
• Corporate Author: St Louis University School of Law
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS 1976 U.S. SUPREME COURT RULING DISAPPROVED A STATE SUPREME CURT ORDER PROHIBITING REPORTS BY SPECIFIED MEDIA OF THE EXISTENCE AND NATURE OF CONFESSIONS, ADMISSIONS, AND OTHER FACTS IMPLICATIVE OF THE ACCUSED.

Abstract

THE COURT BASED ITS DECISION ON THE CONSTITUTIONAL GUARANTEE OF FREEDOM OF THE PRESS. AN ANALYSIS OF THE FIVE OPINIONS IN THE CASE AS A WHOLE LEADS TO THE CONCLUSION THAT PRIOR RESTRAINTS ON THE REPORTING OF EITHER OPEN OR CLOSED JUDICIAL PROCEEDNGS WILL NOT BE LEGALLY SUPPORTABLE IN THE FUTURE. THE MAJORITY OPINION WAS BASED UPON FOUR BASIC FACTORS: THE SPECULATIVE NATURE OF A FINDING OF ADVERSE IMPACT OF PRETRIAL PUBLICITY; A FAILURE AT THE STATE LEVEL TO DETERMINE WHETHER MEASURES SHORT OF A PRIOR RESTRAINT WOULD HAVE ENSURED THE DEFENDANT A FAIR TRIAL; THE INEFFECTIVENESS OF PRIOR RESTRAINT TO