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PRINCIPLE AND NEBRASKA PRESS ASSOCIATION V STUART

NCJ Number
41566
Journal
Stanford Law Review Volume: 29 Issue: 3 Dated: (FEBRUARY 1977) Pages: 411-430
Author(s)
R D SACK
Date Published
1977
Length
20 pages
Annotation
THE REVIEWER ANALYZES THE MAJORITY OPINION AND JUSTICE BRENNAN'S CONCURRENCE IN THE CASE DECISION WHICH INVALIDATED A JUDICIAL 'GAG' ORDER WHICH HAD PREVENTED THE PRESS FROM PUBLICIZING A CRIMINAL TRIAL.
Abstract
THIS ARTICLE IS PART OF A SYMPOSIUM OF RELATED WORKS DEALING WITH THE RIGHT OF THE PRESS TO REPORT ON JUDICIAL PROCEEDINGS WITHOUT COURT INTERFERENCE (SEE NCJ-41564 THROUGH 41574). THE SUPREME COURT IS SEEN DECLINING TO VALUE THE CONSTITUTIONAL AMENDMENTS AS ABSOLUTE, BUT WEIGHING FREEDOM OF EXPRESSION MORE HEAVILY IN THE BALANCE, AND FAILING TO SETTLE UPON BROAD GENERAL PRINCIPLES REGARDING FREE PRESS VERSUS RIGHT TO FAIR TRIAL ISSUES....TWH