Notes_on_Nebraska_Press

Notes_on_Nebraska_Press - NOTES ON Nebraska Press v Stuart...

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NOTES ON : Nebraska Press v. Stuart 427 U.S. 539; 96 S.Ct. 2791; 49 L.Ed.2d 683 (1976) In this case, the issue is: When can a court issue a restraining order limiting pretrial publicity in a criminal case, in order to protect the defendant’s Sixth Amendment right to “trial by an impartial jury”? A restraining order is a type of prior restraint which delays, rather, than prevents, publicity. This issue was decided in a majority opinion written by Chief Justice Burger, in which four other justices (White, Blackmun, Powell, and Rehnquist, joined). The rule in this case is stated as a test that has several parts: (A) The first part of the test applies the precedential rule taken from New York Times v. United States : Any prior restraint on expression comes to this Court with a ‘heavy presumption’ against its constitutional validity, and the party requesting a prior restraint “carries a heavy burden of showing justification” for the prior restraint (Course reader, p. 44).
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