Free Press-Fair Trial Pt. 1

• The Free Press-Fair Trial conflict involves which two amendments? What functions do those amendments serve in this conflict?

• What approach does the U.S. Supreme Court use in deciding free press-fair trial cases? What general rule has the Court applied?

• How does the free press-fair trial conflict manifest itself?
  • Prejudicial publicity
  • Pretrial publicity
  • During-trial publicity
  • In-courtroom presence or activities of journalists

• What are the preferred remedies that compensate for pretrial publicity? (know any pros and cons for each)
  • Voir Dire (Do jurors have to be totally ignorant of the facts and issues involved in a case before the trial begins?)
  • Change of Venue
  • Change of Venire
  • Continuance

• What are the preferred remedies that compensate for during-trial publicity? (know any pros and cons for each)
  • Sequesteration
  • Admonitions by the judge

• When can a court issue a gag order prohibiting the media from publishing information about a criminal proceeding? Test from Nebraska Press Association v. Stuart (1976)

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