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

By Douglas S. Campbell | Go to book overview

Chandler v. Florida

Noel Chandler and Robert Granger v. State of Florida Docket No. 79-1260 449 U.S. 560, 66 L.Ed.2d 740, 101 S.Ct. 802 ( 1981)

Argued November 12, 1980. Decided January 26, 1981.


Background

Several years after Estes v. Texas ( 1965), the American Bar Association reaffirmed in 1972 its ban on television in the courtroom when it replaced Canon 35 of the Canons of Judicial Ethics -- adopted in 1937 -- with Canon 3A(7) of the Code of Judicial Conduct. Then when an ABA committee on Fair-Trial-Free Press in 1978 proposed revising the new canon to allow television in the courtroom, the ABA House of Delegates (officially voting February 12, 1979), rejected the proposal.

Another group looked differently, however, upon the presence of cameras in the courtroom. The Court notes:

In 1978, based upon its own study of the matter, the Conference of State Chief Justices, by a vote of 44 to 1, approved a resolution to allow the highest court of each state to promulgate standards and guidelines regulating radio, television, and other photographic coverage of court proceedings. (564)

So, although the Florida legislature adopted the substance of Canon 3A(7) in 1975, the Florida Supreme Court in 1976 "announced an experimental program for televising one civil and one criminal trial" (564) with tile consent of all relevant parties. When such consent could not be obtained, that court "established a new one-year pilot program during which the electronic media were permitted to cover all judicial proceedings in Florida . . . subject to detailed standards with respect to technology and the conduct of operators" (564, 565). After the program concluded, the Florida Supreme Court "promulgated a revised Canon 3A(7)" (566) allowing carefully regulated televising of criminal trials.

And so the first case to reach the Court originated in Florida where television cameras were allowed to record a criminal trial.

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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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