NCJ Number
38706
Journal
Georgetown Law Journal Volume: 65 Issue: 1 Dated: (OCTOBER 1976) Pages: 81-122
Date Published
1976
Length
42 pages
Annotation
THIS ARTICLE EXPLORES THE NEED TO ESTABLISH PROCEDURAL SAFEGUARDS TO PROTECT THE FIRST AMENDMENT RIGHTS OF THE PRESS, ESPECIALLY A MECHANISM TO ENSURE PROMPT RELIEF FROM UNCONSTITUTIONAL PRIOR RESTRAINTS.
Abstract
THE RECENT US SUPREME COURT INTERVENTION AND DECISION IN NEBRASKA PRESS ASSOCIATION V STUART (1976), WHICH DELINEATED STRINGENT SUBSTANTIVE STANDARDS THAT A COURT MUST SATISFY BEFORE IT IMPOSES A RESTRAINT BUT WHICH FAILED TO SET FORTH PROCEDURAL STANDARDS, IS EXAMINED THE PROCEDURE OF OBTAINING A STAY FROM A US SUPREME COURT JUSTICE OF A LOWER STATE COURT'S GAG ORDER IS DISCUSSED AND COMPARED WITH OTHER ALTERNATIVES. THIS COMPARISON IS MADE IN TERMS OF PROTECTION OF FIRST AMENDMENT RIGHTS, THE EXTENT OF DAMAGE TO A CRIMINAL DEFENDANT'S SIXTH AMENDMENT RIGHTS, THE IMPACT ON THE FEDERAL SYSTEM OF JUDICIAL REVIEW, AND THE LIKELIHOOD OF ADOPTION BY THE COURTS. THE AUTHOR CONCLUDES THAT THE MOST SATISFACTORY ALTERNATIVE MECHANISM TO A SUPREME COURT STAY IS EXPEDITED APPELLATE REVIEW OF THE MERITS OF A QUESTIONED GAG ORDER.