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Authors

John G. Luboja

Keywords

prior restraint, gag order, closure order, gannett, fair trial, freedom of press, first amendment, publicity, Nebraska Press

Abstract

This note addresses the competing constitutional guarantees of freedom of the press and the right to a fair trial by one's peers. Examining New York's ruling in Gannett, the note traces the history of each right and explores the need for each to be protected. Ultimately, the note cautions a liberal interpretation of the Gannett decision and rather asks the Supreme Court to find a balance between the rights of the accused and the rights of the press.

Included in

Criminal Law Commons

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