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But the jailer broke the law with a hidden camera and

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Unformatted text preview: ces. The South Carolina Supreme Court in Quattlebaum, just like the court in Noriega II, correctly distinguished such limited circumstances from the sweeping restraints that Nebraska Press was designed to resolve, as outlined in the analysis of the Quattlebaum decision in Part VI. SOUTH CAROLINA RULED PRIOR RESTRAINTS LEGAL IN DEFENDING RIGHT TO A FAIR TRIAL James D. Callahan, Press-Enterprise Co. v. Superior Court (Press-Enterprise I), South Carolina Law Review, Summer, 1999, p. 995 You are sitting in jail awaiting trial for murder. Fellow inmates crowd the common area as you all try to watch the news. Suddenly, your own face appears on the television screen talking to your lawyer. You and the other prisoners listen to you pour your heart out, divulging to the attorney every minute detail of your actions the night of the murder. The guards whisper and snicker. Yes, your lawyer had promised that your conversations with him would be a secret. Yes, he had assured you that the jail's interrogation room was safe from prying eyes and cupped ears. But the jailer broke the law. With a hidden camera and microphone, a deputy sheriff secretly videotaped your conversations, and that videotape fell into the hands of the largest television station in the state, which will soon relay it to nearly every potential juror in your area. Oh, and in case anybody misses the several television airings, your entire interview with your attorney will also be printed in tomorrow morning's newspaper. Your lawyer did what he could to stop the broadcast; he asked the judge to prevent the television station from broadcasting the tape. However, the judge refused, explaining that the right of the press to publish anything it wanted was more important than your right to talk privately to your lawyer while facing a trial for your life. This drama could unfold in any state in the Union except South Carolina. In State-Record Co. v. State (Quattlebaum) n1 the South Carolina Supreme Court marked the boundary beyond which freed...
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This document was uploaded on 11/20/2013.

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