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1982

University of Richmond

Estes v. Texas

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Judicial Restraining Orders And The Media: Does It Really Matter Who Is Gagged?, James M. Jennings Ii Jan 1982

Judicial Restraining Orders And The Media: Does It Really Matter Who Is Gagged?, James M. Jennings Ii

University of Richmond Law Review

Writing in Bridges v. California, Justice Hugo Black observed forty years ago that "free speech and fair trials are two of the most cherished policies of our civilization, and it would be a trying task to choose between them." And yet, these constitutionally guaranteed rights have been in conflict since at least 1807.


The Prejudicial Effects Of Cameras In The Courtroom, Robert J. Fuoco Jan 1982

The Prejudicial Effects Of Cameras In The Courtroom, Robert J. Fuoco

University of Richmond Law Review

The Supreme Court recently held in Chandler v. Florida, that absent a showing of actual prejudice, it is not per se unconstitutional to televise trials over the objection of the defendant. This decision has a direct bearing on state court procedures, as over one-half of the states currently permit television coverage of trials in one form or another. However, sheer numbers supporting a proposition do not make that proposition "right", nor does a Supreme Court decision upholding its constitutionality imply an unqualified stamp of approval. In fact, previous Supreme Court decisions have overturned convictions because the defendant's right to a …