Free Press v. Fair Trial: Supreme Court Decisions since 1807

By Douglas S. Campbell | Go to book overview

PREFACE

Few areas of law have attracted as much attention, confusion, and probably disdain as the problems arising from the conflict between a free press and a fair trial. These problems are as old as the press itself, and, for the past two centuries, Americans have sought their own constitutionally acceptable solutions. This book seeks to help non-lawyers understand the primary issues of this conflict by taking an historical look at the attempts of the United States Supreme Court to reconcile the protections of two, sometimes incompatible amendments found in the Bill of Rights: the First and Sixth Amendments.

Starting with Burr v. United States ( 1807), the historical survey highlights the thirty major United States Supreme Court cases devoted primarily to this conflict and presents often-cited influential quotations from 70 supporting cases. Four areas of relevant information are presented for each major case. First is the legal background. Examined in this section are the issues that constitute the legal context of the case. Among the items covered are relevant state and federal statutes, important lower court decisions and other germane decisions by the Court, rules and regulations promulgated by the American Bar Association, and opinions and evaluations from eminent jurists and prominent scholars.

The circumstances surrounding the events giving rise to the case represent the second area of relevant information. This section is particularly helpful to a researcher because the Court is extremely reluctant to divulge factual information about persons and events involved in any given case. Often the Court will leave out first names, geographical locations, or details essential to understanding the actions taken by a defendant who, as a result of such actions, faced criminal charges. Nowhere in Estes v. Texas ( 1965), for example, does the Court reveal that Estes was selling nonexistent liquid fertilizer tanks.

The third section presents detailed summaries of the cases. Majority, plurality, concurring, and dissenting opinions are summarized using, wherever efficacious, direct quotations. An analysis of the significance of a case forms

-vii-

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Free Press v. Fair Trial: Supreme Court Decisions since 1807
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Preface vii
  • Introduction 1
  • Burr V. U.S. 7
  • Reid V. U.S. 19
  • Reynolds V. U.S. 23
  • Hopt V. Utah 31
  • Spies V. Illinois 36
  • Simmons V. U.S. 46
  • Mattox V. U.S. 50
  • Thiede V. Utah 55
  • Holt V. U.S. 60
  • Stroud V. U.S. 65
  • Shepherd V. Florida 70
  • Stroble V. California 77
  • U.S. Ex Rel. Darcy V. Handy 85
  • Marshall V. United States 91
  • Irvin V. Dowd 95
  • Beck V. Washington 101
  • Rideau V. Louisiana 110
  • Estes V. Texas 114
  • Sheppard V. Maxwell 125
  • Murphy V. Florida 133
  • Nebraska Press Association V. Stuart 139
  • Gannett V. Depasquale 149
  • Richmond Newspapers, Inc. V. Virginia 160
  • Chandler V. Florida 167
  • Globe Newspaper Co. V. Superior Court 172
  • Press-Enterprise Co. V. Superior Court 180
  • Waller V. Georgia 186
  • Patton V. Yount 191
  • Press-Enterprise Co. V. Superior Court 198
  • Mu'Min V. Virginia 203
  • Appendix A - ALPHABETICAL LIST OF PRIMARY U.S. SUPREME COURT CASES RELATED TO FREE PRESS-FAIR TRIAL CONFLICT 215
  • Appendix B - SUPPORTING CASES 218
  • Bibliography 239
  • Index 245
  • About the Author *
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