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Nebraska Press Assn. v. Stuart

United States Supreme Court

427 U.S. 539 (1976)

Relevant factsFree

After a highly publicized multiple murder, the county judge entered a gag order restricting what the press could report about evidence and testimony against the accused, meant to protect his Sixth Amendment fair-trial right. Judge Stuart (defendant) refused to lift the order despite a challenge from the Nebraska Press Association (plaintiff), citing the risk that pretrial publicity would taint the jury pool. The Nebraska Supreme Court narrowed but upheld the order, and the U.S. Supreme Court granted certiorari.

IssueFree

Whether a court order restricting press reporting on facts implicating a criminal defendant violates the First Amendment's guarantee of freedom of the press.

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