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ERIC Number: ED299565
Record Type: Non-Journal
Publication Date: 1988-Nov
Pages: 28
Abstractor: N/A
ISBN: N/A
ISSN: N/A
EISSN: N/A
Available Date: N/A
The Free Press/Fair Trial Debate: Balancing First and Sixth Amendment Rights 1951-1986.
Creech, Kenneth
Although the First Amendment guarantees the rights of freedom of speech and press, these rights are not absolute. With freedom comes the knowledge that irresponsible action can lead to the regulation of that freedom by others. The courts must balance conflicting rights in cases, such as press coverage of criminal trials, where irresponsible behavior by press, bench, and bar, has led to an imbalance between First and Sixth Amendment rights. Between 1951 and 1986 there have been a number of attempts to balance these rights, growing out of famous publicized court cases, such as that of Dr. Sam Sheppard. During this time the pendulum has swung from one extreme to the other, before finally settling close to the center. The parameters of the free press/fair trial debate have included the tolerance of sensationalistic reporting and the failure of judges to take simple precautions such as change of venue, continuance, sequestering of the jury, closing of criminal courtrooms, or even prior restraints against the press. Both the right to publish information about the criminal trial process and the right of the accused to receive a fair trial are equal and essential components in society. Safeguarding these rights is the responsibility of the press, bench, bar, and law enforcement officials and each must understand and respect the constitutional rights and responsibilities of the other for justice to be served. (Thirty-four notes are included.) (MS)
Publication Type: Speeches/Meeting Papers; Reports - Evaluative
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: First Amendment
Grant or Contract Numbers: N/A
Author Affiliations: N/A