Free Speech Vs. An Impartial Jury Research Paper

Free Speech Vs. An Impartial Jury
An examination of the United States Supreme Court cases on the dilemma of freedom of press vs. fair trial.
# 128075 | 5,709 words | 21 sources | APA | 2009 | US
Published on Jun 27, 2010 in Communication (Journalism) , Law (Constitution) , Law (Historic Trials)

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The paper explores the conflict between the rights of the first amendment, freedom of the press, and the rights of the sixth amendment, the right to an impartial jury. The paper examines the Supreme Court's rulings on these issues, in the "Sheppard v. Maxwell", "Nebraska Press Association v. Stuart", "Richmond Newspapers Inc. v. Virginia", "Globe Newspaper Co. v. Superior Court", "Estes v. Texas", "Chandler v. Florida", and "Press-Enterprise Co. v. Superior Court" cases. The paper points out how in all cases, the first amendment was eventually deemed superior. The paper questions how this is fair, but asserts that if there was not freedom of the press, then a multitude of secret trials would ensue and true fairness would be placed in jeopardy.

From the Paper:

"In early America, the framers of the United States Constitution documented intrinsic rights that are enumerated in the first ten amendments. These rights are better known as the Bill of Rights. However, the framers could not foresee conflicts that would arise between these rights, and so case after case has came before the U.S. Supreme Court for the clarification of how the rights are suppose to coexist. This conflict arises when the rights of the first amendment are weighed against the rights of the sixth amendment. The question is which right takes precedent when these two conflict? Does the freedom of the press or the right to an impartial jury deserve priority? An impartial jury is essential to a fair trial. This is true because it is a right guaranteed by the Constitution and it is required for justice that is supported by a majority."

Sample of Sources Used:

  • Ares, Charles (1981). Chandler v. Florida: Television, criminal trials, and due process . The Supreme Court Review, from
  • Bezanson, Randall (June 1977). The new free press guarantee. Virginia Law Review, 63, from
  • Cooper, Phillip (1986). The supreme court, the first amendment, and freedom of information. Public Administration Review, 46, from
  • Gregory, Curtis (1995). Tv on trial.. Ebsco Host, from
  • Haines, Rush (1968). The aftermath of Sheppard: Some proposed solutions to the free press: Fair trial controversy . The Journal of Criminal Law, Criminology, and Police Science, 59, from

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APA Format

Free Speech Vs. An Impartial Jury (2010, June 27) Retrieved June 04, 2020, from

MLA Format

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