Nebraska Press Association v. Stuart (1976): This case deals
with a “gag order”—a pre-trial order prohibiting the press from
publishing certain types of info. about a case—which is issued (but
almost never upheld on appeal) when a judge thinks that a defendant
will not get a fair trial pursuant to his Sixth Am. rights. D was
about to be tried in a small town for a heinous mass murder, which
had attracted widespread media attention. The trial judge, in order
to assure D’s ability to select an unprejudiced jury, issued a “gag
order” prohibiting the press from reporting any confessions or
admissions by D, or any other fact “strongly implicative” of him,
until after impaneling the jury. Did the gag order violate the
press’ First Am. rights?
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