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Unformatted text preview: om of the press cannot impede the constitutional right to a fair trial. The South Carolina Supreme Court upheld a "prior restraint" n2 against the media's publishing of a government agent's surreptitious recording of a privileged conversation between a criminal defendant and the defendant's attorney. EVEN PRESS FREEDOM DOESN'T TRUMP AN INDIVIDUAL'S RIGHT TO A FAIR TRIAL James D. Callahan, Press-Enterprise Co. v. Superior Court (Press-Enterprise I), South Carolina Law Review, Summer, 1999, p. 1003 In a public address four years later, Justice Stewart explained the constitutionally unique nature of "freedom of the press": Most ... provisions in the Bill of Rights protect specific liberties or specific rights of individuals: freedom of speech, freedom of worship, the right to counsel, the privilege against compulsory self-incrimination, to name a few. In contrast, the Free Press Clause extends protection to an institution. The publishing business is, in short, the only organized private business that is given explicit constitutional protection. Accordingly, the Constitution specifically protects the "publishing business" in order to protect the people from the government. However, nothing in the Constitution grants the "publishing business" the right to run roughshod over the "specific rights of individuals." This belief lays the foundation for the conflict between the rights to a free press and to a fair trial. TRIAL FAIRNESS MUST TRUMP FREE SPEECH: DEFENDANTS CANNOT REBUT THE MEDIA James D. Callahan, Press-Enterprise Co. v. Superior Court (Press-Enterprise I), South Carolina Law Review, Summer, 1999, p. 1003 The Supreme Court has found the basis of the First Amendment in the hypothesis that "speech can rebut speech, propaganda will answer propaganda, free debate of ideas will result in the wisest governmental policies." n57 However, sole criminal defendants are rarely able to engage in such "free debate," having little power o...
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This document was uploaded on 11/20/2013.
- Fall '13