Free press, fair trial<br />When constitutional rightscome into conflict<br />
First Amendment<br />“Congress shall make no law … abridging the freedom of speech, or of the press …”<br />
First Amendment<br />“Congress shall make no law … abridging the freedom of speech, or of the press …”<br />Sixth Amendmen...
Questions<br />Is the First Amendment more important than the Sixth?<br />Is the Sixth Amendment more important than the F...
Questions<br />Is the First Amendment more important than the Sixth?<br />Is the Sixth Amendment more important than the F...
Prior restraint<br />Unconstitutional in nearly all cases<br />The Near v. Minnesota exceptions:<br />National security<br...
Prior restraint<br />Unconstitutional in nearly all cases<br />But denying someone a fair trial is also unconstitutional<b...
Prior restraint<br />Unconstitutional in nearly all cases<br />But denying someone a fair trial is also unconstitutional<b...
“Lindbergh baby” case<br />Lindbergh a national hero<br />Hauptmann convicted after massive pretrial publicity<br />Death ...
Bruno Richard Hauptmann<br />
Sam Sheppard case<br />Illustrated the harm of pretrial publicity<br />Led to a backlash against the media<br />InspiredTh...
The Sheppards<br />
The crime scene<br />
Public inquest<br />
Sheppard found guilty<br />Judge Blythin (right) up for re-election<br />Press allowed the run of the courtroom<br />Shepp...
Sheppard’s appeals<br />Turned down by Ohio Court of Appeals and Ohio Supreme Court (1954 and ’55)<br />U.S. Supreme Court...
Sheppard’s sad end<br />Became a professional wrestler<br />Died in 1970<br />Who was the real killer?<br />
Backlash against media<br />Earl Warren (left) writes that Oswald could not have received a fair trial<br />Gag orders and...
Nebraska Press Associationv. Stuart (1976)<br />The Burger Court limits the use of gag orders<br />For all practical purpo...
Conditions for gag orders<br />Pre-trial publicity would be extensive and pervasive<br />
Conditions for gag orders<br />Pre-trial publicity would be extensive and pervasive<br />No alternative measures would off...
Conditions for gag orders<br />Pre-trial publicity would be extensive and pervasive<br />No alternative measures would off...
Alternative measures<br />What are they?<br />
Alternative measures<br />Continuance<br />Postpone trial until media frenzy blows over<br />
Alternative measures<br />Continuance<br />Change of venue<br />Move trial to a place where the crime is not so notorious<...
Alternative measures<br />Continuance<br />Change of venue<br />Intensive voir dire<br />Question prospective jurors as to...
Alternative measures<br />Continuance<br />Change of venue<br />Intensive voir dire<br />Jury admonitions<br />Remind juro...
Alternative measures<br />Continuance<br />Change of venue<br />Intensive voir dire<br />Jury admonitions<br />Sequestrati...
The People v. Bryant (2004)<br />Alleged victim’s sexual history is accidentally released to the media<br />
The People v. Bryant (2004)<br />Alleged victim’s sexual history is accidentally released to the media<br />Justice Hobbs:...
The People v. Bryant (2004)<br />Alleged victim’s sexual history is accidentally released to the media<br />Justice Hobbs:...
The People v. Bryant (2004)<br />Alleged victim’s sexual history is accidentally released to the media<br />Justice Hobbs:...
Press-Enterprise II (1986)<br />Press Enterprise I was about jury selection<br />
Press-Enterprise II (1986)<br />Press Enterprise I was about jury selection<br />This case is about pre-trial hearings<br ...
Press-Enterprise II (1986)<br />Press Enterprise I was about jury selection<br />This case is about pre-trial hearings<br ...
Chandler v. Florida (1981)<br />Nothing inherently unconstitutional about the presence of television cameras in court<br />
Chandler v. Florida (1981)<br />Nothing inherently unconstitutional about the presence of television cameras in court<br /...
Chandler v. Florida (1981)<br />Nothing inherently unconstitutional about the presence of television cameras in court<br /...
Chandler v. Florida (1981)<br />Nothing inherently unconstitutional about the presence of television cameras in court<br /...
Other cases in brief<br />Richmond Newspapers Inc. v. Virginia (1980)<br />Murder trial closed after first three ended in ...
Other cases in brief<br />Richmond Newspapers Inc. v. Virginia (1980)<br />Press-Enterprise I (1984)<br />Jury selection m...
Other cases in brief<br />Richmond Newspapers Inc. v. Virginia (1980)<br />Press-Enterprise I (1984)<br />California First...
Free Press, Fair Trial: When Constitutional Rights Come into Conflict
Upcoming SlideShare
Loading in …5
×

Free Press, Fair Trial: When Constitutional Rights Come into Conflict

8,355 views

Published on

To accompany lecture on Sheppard v. Maxwell, Nebraska Press Association v. Stuart, and related cases on the clash between First and Sixth Amendment rights.

Published in: Education, News & Politics
0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
8,355
On SlideShare
0
From Embeds
0
Number of Embeds
1,528
Actions
Shares
0
Downloads
77
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

Free Press, Fair Trial: When Constitutional Rights Come into Conflict

  1. 1. Free press, fair trial<br />When constitutional rightscome into conflict<br />
  2. 2. First Amendment<br />“Congress shall make no law … abridging the freedom of speech, or of the press …”<br />
  3. 3. First Amendment<br />“Congress shall make no law … abridging the freedom of speech, or of the press …”<br />Sixth Amendment<br /><ul><li>“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury …”</li></li></ul><li>Questions<br />Is the First Amendment more important than the Sixth?<br />
  4. 4. Questions<br />Is the First Amendment more important than the Sixth?<br />Is the Sixth Amendment more important than the First?<br />
  5. 5. Questions<br />Is the First Amendment more important than the Sixth?<br />Is the Sixth Amendment more important than the First?<br />How might these rights come into conflict?<br />
  6. 6. Prior restraint<br />Unconstitutional in nearly all cases<br />The Near v. Minnesota exceptions:<br />National security<br />Obscenity<br />Incitement to violence, or “fighting words”<br />
  7. 7. Prior restraint<br />Unconstitutional in nearly all cases<br />But denying someone a fair trial is also unconstitutional<br />
  8. 8. Prior restraint<br />Unconstitutional in nearly all cases<br />But denying someone a fair trial is also unconstitutional<br />When interests collide, courts muddle through on a case-by-case basis<br />
  9. 9. “Lindbergh baby” case<br />Lindbergh a national hero<br />Hauptmann convicted after massive pretrial publicity<br />Death penalty eliminated for kidnapping<br />
  10. 10. Bruno Richard Hauptmann<br />
  11. 11. Sam Sheppard case<br />Illustrated the harm of pretrial publicity<br />Led to a backlash against the media<br />InspiredThe Fugitive<br />
  12. 12. The Sheppards<br />
  13. 13. The crime scene<br />
  14. 14. Public inquest<br />
  15. 15. Sheppard found guilty<br />Judge Blythin (right) up for re-election<br />Press allowed the run of the courtroom<br />Sheppard sentenced to life in prison<br />
  16. 16. Sheppard’s appeals<br />Turned down by Ohio Court of Appeals and Ohio Supreme Court (1954 and ’55)<br />U.S. Supreme Court denies cert (1955)<br />Released on a writ of habeas corpus (1964)<br />Conviction overturned by U.S. Supreme Court (Sheppard v. Maxwell, 1966)<br />Acquitted in second trial (1966)<br />
  17. 17. Sheppard’s sad end<br />Became a professional wrestler<br />Died in 1970<br />Who was the real killer?<br />
  18. 18. Backlash against media<br />Earl Warren (left) writes that Oswald could not have received a fair trial<br />Gag orders and other restrictions on the media become increasingly common<br />Where is the balance of interests?<br />
  19. 19. Nebraska Press Associationv. Stuart (1976)<br />The Burger Court limits the use of gag orders<br />For all practical purposes, gag orders are ruled unconstitutional <br />
  20. 20. Conditions for gag orders<br />Pre-trial publicity would be extensive and pervasive<br />
  21. 21. Conditions for gag orders<br />Pre-trial publicity would be extensive and pervasive<br />No alternative measures would offset the effects of the publicity<br />
  22. 22. Conditions for gag orders<br />Pre-trial publicity would be extensive and pervasive<br />No alternative measures would offset the effects of the publicity<br />A gag order would succeed in protecting the right to a fair trial<br />
  23. 23. Alternative measures<br />What are they?<br />
  24. 24. Alternative measures<br />Continuance<br />Postpone trial until media frenzy blows over<br />
  25. 25. Alternative measures<br />Continuance<br />Change of venue<br />Move trial to a place where the crime is not so notorious<br />
  26. 26. Alternative measures<br />Continuance<br />Change of venue<br />Intensive voir dire<br />Question prospective jurors as to whether they can remain fair and impartial<br />
  27. 27. Alternative measures<br />Continuance<br />Change of venue<br />Intensive voir dire<br />Jury admonitions<br />Remind jurors not to follow coverage in the media or to discuss the case<br />
  28. 28. Alternative measures<br />Continuance<br />Change of venue<br />Intensive voir dire<br />Jury admonitions<br />Sequestration<br />Most extreme, generally (and rarely) used only for deliberations<br />
  29. 29. The People v. Bryant (2004)<br />Alleged victim’s sexual history is accidentally released to the media<br />
  30. 30. The People v. Bryant (2004)<br />Alleged victim’s sexual history is accidentally released to the media<br />Justice Hobbs: Media should be forbidden to use it under Colorado’s rape shield law<br />
  31. 31. The People v. Bryant (2004)<br />Alleged victim’s sexual history is accidentally released to the media<br />Justice Hobbs: Media should be forbidden to use it under Colorado’s rape shield law<br />Justice Bender: That violates the First Amendment<br />
  32. 32. The People v. Bryant (2004)<br />Alleged victim’s sexual history is accidentally released to the media<br />Justice Hobbs: Media should be forbidden to use it under Colorado’s rape shield law<br />Justice Bender: That violates the First Amendment<br />What do you think?<br />
  33. 33. Press-Enterprise II (1986)<br />Press Enterprise I was about jury selection<br />
  34. 34. Press-Enterprise II (1986)<br />Press Enterprise I was about jury selection<br />This case is about pre-trial hearings<br />Burger writes for the majority<br />If it looks like a trial, then it should be treated like a trial and be open to the public<br />
  35. 35. Press-Enterprise II (1986)<br />Press Enterprise I was about jury selection<br />This case is about pre-trial hearings<br />Burger writes for the majority<br />If it looks like a trial, then it should be treated like a trial and be open to the public<br />Grand-jury proceedings would be secret because secrecy is their very purpose<br />
  36. 36. Chandler v. Florida (1981)<br />Nothing inherently unconstitutional about the presence of television cameras in court<br />
  37. 37. Chandler v. Florida (1981)<br />Nothing inherently unconstitutional about the presence of television cameras in court<br />Television journalists do not have a right to be in the courtroom<br />
  38. 38. Chandler v. Florida (1981)<br />Nothing inherently unconstitutional about the presence of television cameras in court<br />Television journalists do not have a right to be in the courtroom<br />Same situation as today<br />
  39. 39. Chandler v. Florida (1981)<br />Nothing inherently unconstitutional about the presence of television cameras in court<br />Television journalists do not have a right to be in the courtroom<br />Same situation as today<br />What do you think?<br />
  40. 40. Other cases in brief<br />Richmond Newspapers Inc. v. Virginia (1980)<br />Murder trial closed after first three ended in mistrial<br />Justice Burger: Right to attend criminal trials “implicit” in the First Amendment<br />Trial can be closed only if there is a specific finding that it is necessary<br />
  41. 41. Other cases in brief<br />Richmond Newspapers Inc. v. Virginia (1980)<br />Press-Enterprise I (1984)<br />Jury selection must be open to public in most cases<br />Exceptions<br />“Substantial probability” that defendant’s right to a fair trial would be harmed<br />No reasonable alternative<br />
  42. 42. Other cases in brief<br />Richmond Newspapers Inc. v. Virginia (1980)<br />Press-Enterprise I (1984)<br />California First Amendment Coalition v. Woodford (2002)<br />All parts of an execution must be visible to the media, not just parts of it<br />Attempts to close parts an “exaggerated response” to security concerns<br />

×