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Full-Text Articles in Law
Recognizing A Constitutional Right Of Media Access To Evidentiary Recordings In Criminal Trials, Teri G. Rasmussen
Recognizing A Constitutional Right Of Media Access To Evidentiary Recordings In Criminal Trials, Teri G. Rasmussen
University of Michigan Journal of Law Reform
This Note advocates recognition of a constitutional right of press access to evidentiary recordings in criminal trials. It proposes methods for accommodating the competing rights of the news media to have access to evidentiary recordings used in criminal trials and the right of criminal defendants to a fair trial. Part I examines the source of controversy and sets forth the limitations inherent in the current common law presumption of press access to judicial records. Part II disusses the underlying values that require recognition of the constitutional right and suggests that such a right can be accommodated with a defendant's right …
Closure Of Pretrial Suppression Hearings: Resolving The Fair Trial/Free Press Conflict, Bernard P. Bell
Closure Of Pretrial Suppression Hearings: Resolving The Fair Trial/Free Press Conflict, Bernard P. Bell
Fordham Law Review
"[T]he true measure of our society will not be judged by the freedom we grant to our great institutions as much as by the protection we provide for society's lowliest member. And none are more lowly-none more subject to potential abuse-and none with more at stake than those who have been indicted and face criminal prosecution in our courts. For them, freedom and fair trial are not abstractions."
A Unified Theory Of The First Amendment:, Mark S. Nadel
A Unified Theory Of The First Amendment:, Mark S. Nadel
Fordham Urban Law Journal
The Supreme Court presently permits reasonable regulation of access in the broadcasting media; it nevertheless allows print publishers to foreclose such access. Although this approach has been praised by some, and a doctrine can only survive if there is a clear distinction between the print and broadcast media. In today's rapidly developing communications industry, the distinction between these converging media is unstable and inadequate. The increasing significance of cable television in particular has created a pressing need to replace the fragile double standard with a unified, all encompassing theory. This Article proposes such a unified theory after first drawing the …