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Case

Brigham Young University

Communication

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Full-Text Articles in Social and Behavioral Sciences

Characteristics Of Contemporary Gag Order Requests In Media Law Reporter Volumes 19 Through 33, Brad Leavitt Clark Jul 2009

Characteristics Of Contemporary Gag Order Requests In Media Law Reporter Volumes 19 Through 33, Brad Leavitt Clark

Theses and Dissertations

The conflict between the First Amendment and the Sixth Amendment is not new nor is it easily decipherable. Both amendments appear to have absolute priority, yet they appear to conflict (Erickson, 1977). The First Amendment declares unequivocally, "Congress shall make no law...abridging the freedom of speech, or of the press[,]" while the Sixth Amendment states with equal force, "In all criminal prosecutions, the accused shall enjoy the right to a speedy public trial, by an impartial jury of the state and district wherein the crime shall have been committed..." (U.S. Constitution, Amendment I, Amendment VI). Free speech and an unrestricted …