nebraska press assn stuart argued april decided june respondent nebraska state trial judge anticipation trial multiple murder attracted widespread news coverage entered order modified nebraska restrained petitioner newspaper broadcasters journalists news media associations national newswire services publishing broadcasting accounts confessions admissions made accused law enforcement officers third parties except members press facts strongly implicative accused modification order occurred course action petitioners sought stay trial original order accused state nebraska intervened granted certiorari determine whether order violated constitutional guarantee freedom press order expired terms jury impaneled respondent convicted appeal pending nebraska held case moot simply order expired since controversy parties capable repetition yet evading review pp guarantees freedom expression absolute prohibition circumstances barriers prior restraint remain high presumption use continues intact although unnecessary establish priority first amendment rights sixth amendment right fair trial circumstances authors bill rights declined protection prior restraint particular force applied reporting criminal proceedings pp heavy burden imposed condition securing prior restraint met case pp pretrial record trial judge justified concluding intense pervasive pretrial publicity concerning case also reasonably conclude based common human experience publicity might impair accused right fair trial conclusion impact publicity prospective jurors necessity speculative however dealing factors unknown unknowable pp finding measures short prior restraint press speech protected accused rights nebraska implied alternative measures might suffice record lacks evidence support finding pp clear prior restraint publication effectively protected accused rights view practical problems limited territorial jurisdiction trial issuing restraining order difficulties inherent predicting information fact undermine jurors impartiality problem drafting order effectively keep prejudicial information prospective jurors fact case events occurred small community rumors travel swiftly word mouth pp extent order prohibited reporting evidence adduced open preliminary hearing held determine whether accused bound trial violated settled principle nothing proscribes press reporting events transpire courtroom sheppard maxwell portion order restraining publication facts strongly implicative accused vague broad survive scrutiny given restraints first amendment rights pp burger delivered opinion white blackmun powell rehnquist joined white post powell post filed concurring opinions brennan filed opinion concurring judgment stewart marshall joined post stevens filed opinion concurring judgment post barrett prettyman argued cause petitioners briefs james koley stephen mcgill harold mosher assistant attorney general nebraska argued cause respondent stuart brief paul douglas attorney general milton larson argued cause respondent state nebraska brief erwin griswold leonard vyhnalek filed brief respondent simants floyd abrams argued cause national broadcasting et al amici curiae urging reversal brief eugene scheiman corydon dunham david marion harold kohn robert sack john summers william barnabas mchenry david otis fuller richard schmidt ian volner laurent scharff briefs amici curiae urging reversal filed melvin wulf joel gora charles marson joseph remcho american civil liberties union et al arthur hanson american newspaper publishers assn william harkaway national press club lawrence speiser reporters committee freedom press legal defense research fund reuben lawrence gunnels tribune joseph califano john kester richard cooper alan finberg robert lobdell david hardy dan paul edgar zingman donald holbrook washington post et al chief justice burger delivered opinion respondent state district judge entered order restraining petitioners publishing broadcasting accounts confessions admissions made accused facts strongly implicative accused widely reported murder six persons granted certiorari decide whether entry order showing made state violated constitutional guarantee freedom press evening october local police found six members henry kellie family murdered home sutherland town people police released description suspect erwin charles simants reporters hastened scene crime simants arrested arraigned lincoln county following morning ending tense night small rural community crime immediately attracted widespread news coverage local regional national newspapers radio television stations three days crime county attorney simants attorney joined asking county enter restrictive order relating matters may may publicly reported disclosed public mass coverage news media reasonable likelihood prejudicial news make difficult impossible impaneling impartial jury tend prevent fair trial county heard oral argument took evidence attorney members press appeared stage county granted prosecutor motion restrictive order entered next day october order prohibited everyone attendance releas ing authoriz ing release public dissemination form manner whatsoever testimony given evidence adduced order also required members press observe nebraska guidelines simants preliminary hearing held day open public subject order county bound defendant trial state district charges amended reflect autopsy findings simants committed murders course sexual assault petitioners several press broadcast associations publishers individual reporters moved october leave intervene district asking restrictive order imposed county vacated district conducted hearing county judge testified newspaper articles simants case admitted evidence district judge granted petitioners motion intervene october entered restrictive order judge found nature crimes charged complaint clear present danger publicity impinge upon defendant right fair trial order applied jury impaneled specifically prohibited petitioners reporting five subjects existence contents confession simants made law enforcement officers introduced open arraignment fact nature statements simants made persons contents note written night crime certain aspects medical testimony preliminary hearing identity victims alleged sexual assault nature assault also prohibited reporting exact nature restrictive order like county order order incorporated nebraska guidelines finally order set plan attendance seating courthouse traffic control trial four days later october petitioners asked district stay order time applied nebraska writ mandamus stay expedited appeal order state nebraska defendant simants intervened actions nebraska heard oral argument november issued per curiam opinion december state simants neb nebraska balanced heavy presumption constitutional validity order restraining publication bears new york times importance defendant right trial impartial jury society individual defendant held vital interest assuring simants tried impartial jury publicity surrounding crime determined right jeopardy noted nebraska statutes required district try simants within six months arrest change venue move trial adjoining counties subject essentially publicity lincoln county nebraska held nless absolutist position relators constitutionally correct appear district acted properly nebraska rejected absolutist position modified district order accommodate defendant right fair trial petitioners interest reporting pretrial events order modified prohibited reporting three matters existence nature confessions admissions made defendant law enforcement officers confessions admissions made third parties except members press facts strongly implicative accused nebraska rely nebraska guidelines see supra construing nebraska law permit closure certain circumstances remanded case district judge reconsideration issue whether pretrial hearings closed press public granted certiorari address important issues raised district order modified nebraska denied motion expedite review stay entirely order state district pending simants trial informed parties since granted certiorari simants convicted murder sentenced death appeal pending nebraska ii order issue case expired terms jury impaneled january restraints publication jury selected restrictions may spoken written simants case intervenor simants argues reason case moot jurisdiction art iii constitution extends actual cases controversies indianapolis school jacobs sosna iowa recognized however jurisdiction necessarily defeated simply order attacked expired underlying dispute parties one capable repetition yet evading review southern pacific terminal icc controversy parties case capable repetition two senses first simants conviction reversed nebraska new trial ordered district may enter another restrictive order prevent resurgence prejudicial publicity simants retrial second state nebraska party case nebraska decision authorizes state prosecutors seek restrictive orders appropriate cases dispute state petitioners cover events throughout state thus capable repetition yet decline address issues case grounds mootness dispute evade review least considered plenary review since orders nature see weinstein bradford sosna iowa supra roe wade moore ogilvie carroll princess anne therefore conclude case moot proceed merits iii problems presented case almost old republic neither constitution contemporaneous writings find conflict two important rights anticipated yet inconceivable authors constitution unaware potential conflicts right unbiased jury guarantee freedom press unusually able lawyers helped write constitution later drafted bill rights familiar historic episode john adams defended british soldiers charged homicide firing crowd boston demonstrators intimately familiar clash adversary system part passions populace sometimes play influencing potential jurors address directly situation presented case chief concern need freedom expression political arena dialogue ideas recognized risks private rights unfettered press jefferson example writing paris concerning press attacks john jay stated truth afflicting man past life serving public yet liable peace mind much disturbed individual shall think proper arraign newspaper however evil remedy liberty depends freedom press limited without lost papers thomas jefferson boyd ed trial aaron burr presented chief justice marshall presiding trial judge acute problems selecting unbiased jury people area virginia jurors drawn formed opinions concerning burr case newspaper accounts heightened discussion private public chief justice conducted searching voir dire two panels eventually called rendered substantial opinion purposes voir dire standards applied see causes celebres trial aaron burr treason burr cas cc burr acquitted occasion appellate review examine problem prejudicial pretrial publicity chief justice marshall careful voir dire inquiry matter possible bias makes clear problem new one speed communication pervasiveness modern news media exacerbated problems however numerous appeals demonstrate trial bruno hauptmann small new jersey community abduction murder charles lindberghs infant child probably widely covered trial time nature coverage produced widespread public reaction criticism directed carnival atmosphere pervaded community courtroom responsible leaders press legal profession including judges pointed much sorry performance controlled vigilant trial judge public officers subject control see generally hudon freedom press versus fair trial remedy lies courts val rev hallam object lessons publicity criminal trials rev lippmann lindbergh case relation american newspapers problems journalism excesses press radio lack responsibility authority hauptmann case others era led efforts develop voluntary guidelines courts lawyers press broadcasters see generally lofton justice press effort renewed american bar association embarked project develop standards aspects criminal justice including guidelines accommodate right fair trial rights free press see powell right fair trial resulting standards approved association received support legal profession american bar association project standards criminal justice fair trial free press approved draft groups undertaken similar studies see report judicial conference committee operation jury system free trial issue special committee radio television administration justice association bar city new york freedom press fair trial wake efforts cooperation bar associations members press led adoption voluntary guidelines like nebraska see supra american bar association legal advisory committee fair trial free press rights fair trial free press practice course even ideal guidelines subjected powerful strains case simants arises reporters many parts country scene reporters distant places unlikely consider bound local standards report editors outside area covered guidelines editors likely guided standards contemplate state control acts newspaper broadcaster outside jurisdiction even though newspapers broadcasts reach community jurors selected suggests something practical difficulties managing guidelines problems presented case substantial history outside reported decisions courts efforts many responsible people accommodate competing interests resolve function write code look instead particular case legal context arises iv sixth amendment terms guarantees trial impartial jury federal criminal prosecutions trial jury criminal cases fundamental american scheme justice due process clause fourteenth amendment guarantees right state criminal prosecutions duncan louisiana essence right jury trial guarantees criminally accused fair trial panel impartial indifferent jurors fair trial fair tribunal basic requirement due process murchison ultimate analysis jury strip man liberty life language lord coke juror must indifferent stands unsworne litt verdict must based upon evidence developed trial irvin dowd irvin dowd supra example defendant convicted murder following intensive hostile news coverage trial judge granted defense motion change venue adjacent county exposed essentially news coverage trial persons called jury service excused fixed opinions guilt eight served jurors thought defendant guilty said nevertheless render impartial verdict review vacated conviction death sentence remanded allow new trial ith life stake requiring much petitioner tried atmosphere undisturbed huge wave public passion similarly rideau louisiana reversed conviction defendant whose staged highly emotional confession filmed cooperation local police later broadcast television three days awaiting trial saying ny subsequent proceedings community pervasively exposed spectacle hollow formality estes texas held defendant afforded due process volume trial publicity judge failure control proceedings telecast hearing trial inherently prevented sober search truth see also marshall sheppard maxwell focused sharply impact pretrial publicity trial duty protect defendant constitutional right fair trial justice black dissenting without opinion ordered new trial petitioner even though first trial occurred years beyond doubt press shown responsible concern constitutional guarantee fair trial community jury drawn inundated publicity hostile defendant trial judge fulfill duty protect defendant inherently prejudicial publicity saturated community control disruptive influences courtroom noted unfair prejudicial news comment pending trials become increasingly prevalent issued strong warning due process requires accused receive trial impartial jury free outside influences given pervasiveness modern communications difficulty effacing prejudicial publicity minds jurors trial courts must take strong measures ensure balance never weighed accused course nothing proscribes press reporting events transpire courtroom reasonable likelihood prejudicial news prior trial prevent fair trial judge continue case threat abates transfer another county permeated publicity addition sequestration jury something judge raised sua sponte counsel publicity proceedings threatens fairness trial new trial ordered must remember reversals palliatives cure lies remedial measures prevent prejudice inception courts must take steps rule regulation protect processes prejudicial outside interferences neither prosecutors counsel defense accused witnesses staff enforcement officers coming jurisdiction permitted frustrate function collaboration counsel press information affecting fairness criminal trial subject regulation highly censurable worthy disciplinary measures emphasis added cases relatively rare held cases trials fair spite widespread publicity stroble california example affirmed conviction death sentence challenged ground pretrial news accounts including prosecutor release defendant recorded confession allegedly inflammatory amount denial due process disapproved prosecutor conduct noted publicity receded six weeks trial defendant moved change venue confession found voluntary admitted evidence trial also noted thorough examination jurors void dire careful review facts state courts held petitioner failed demonstrate denial due process see also murphy florida beck washington taken together cases demonstrate pretrial publicity even pervasive adverse publicity inevitably lead unfair trial capacity jury eventually impaneled decide case fairly influenced tone extent publicity part often large part shaped attorneys police officials precipitate news coverage trial judge major responsibility judge says case courtroom likely appear newspapers broadcasts important measures judge takes fails take mitigate effects pretrial publicity measures described sheppard may well determine whether defendant receives trial consistent requirements due process responsibility always properly discharged apparent decisions reviewed costs failure afford fair trial high extreme cases like sheppard estes risk injustice avoided convictions reversed reversal means justice delayed defendant state cases lapse time retrial impossible prosecution gravely handicapped moreover borderline cases conviction reversed possibility injustice unredressed strong measures outlined sheppard maxwell means trial judge try avoid exacting costs society accused state trial judge case us acted responsibility legitimate concern effort protect defendant right fair trial must decided simply whether nebraska courts erred seeing possibility real danger defendant rights whether circumstances case means employed foreclosed another provision constitution first amendment provides congress shall make law abridging freedom press longer open doubt liberty press speech within liberty safeguarded due process clause fourteenth amendment invasion state action near minnesota ex rel olson see also grosjean american press interpreted guarantees afford special protection orders prohibit publication broadcast particular information commentary orders impose previous prior restraint speech none decided cases prior restraint involved restrictive orders entered protect defendant right fair impartial jury opinions prior restraint common thread relevant case near minnesota ex rel olson supra held invalid minnesota statute providing abatement public nuisance malicious scandalous defamatory newspaper magazine periodical near published occasional weekly newspaper described county attorney complaint largely devoted malicious scandalous defamatory articles concerning political public figures publication enjoined pursuant statute excerpts near paper set dissenting opinion justice butler show beyond question one principal characteristics blatant see chief justice hughes writing noted freedom press absolute right state may punish abuses observed statute aimed redress individual private wrongs focused statute operation effect statute substance public authorities may bring owner publisher newspaper periodical judge upon charge conducting business publishing scandalous defamatory matter unless owner publisher able satisfy judge matter true published good motives newspaper periodical suppressed essence censorship principles enunciated near universally accepted precise issue come us organization better austin keefe state courts enjoined petitioners picketing passing literature kind specified area noting similarity near minnesota unanimous held case injunction operates redress alleged private wrongs suppress basis previous publications distribution literature kind city prior restraint expression comes heavy presumption constitutional validity carroll princess anne bantam books sullivan respondent thus carries heavy burden showing justification imposition restraint met burden designating conduct invasion privacy apparent basis injunction sufficient support injunction peaceful distribution informational literature nature revealed record thread running cases prior restraints speech publication serious least tolerable infringement first amendment rights criminal penalty judgment defamation case subject whole panoply protections afforded deferring impact judgment avenues appellate review exhausted judgment become final correct otherwise law sanction become fully operative prior restraint contrast definition immediate irreversible sanction said threat criminal civil sanctions publication chills speech prior restraint freezes least time damage particularly great prior restraint falls upon communication news commentary current events truthful reports public judicial proceedings afforded special protection subsequent punishment see cox broadcasting corp cohn see also craig harney reasons protection prior restraint particular force applied reporting criminal proceedings whether crime question single isolated act pattern criminal conduct responsible press always regarded handmaiden effective judicial administration especially criminal field function regard documented impressive record service several centuries press simply publish information trials guards miscarriage justice subjecting police prosecutors judicial processes extensive public scrutiny criticism sheppard maxwell course order issue like order requested new york times prohibit postpones publication news delayed commentary even readily delayed without serious injury often delay responsible editors call verification information delays normally slight delays imposed governmental authority different matter learned continue learn view unhappy experiences nations government allowed meddle internal editorial affairs newspapers regardless purposes controlling press might remain intensely skeptical measures allow government insinuate editorial rooms nation press miami herald publishing tornillo white concurring authors bill rights undertake assign priorities first amendment sixth amendment rights ranking one superior case petitioners us declare right accused subordinate right publish circumstances authors guarantees fully aware potential conflicts unwilling unable resolve issue assigning one priority us rewrite constitution undertaking declined unnecessary nearly two centuries establish priority applicable circumstances yet nonetheless clear barriers prior restraint remain high unless abandon said nearly quarter national existence implied throughout history even wartime suspension categorical guarantees habeas corpus right trial civilian courts see ex parte milligan wall cautions suspending explicit guarantees nebraska courts case enjoined publication certain kinds information simants case suggested earlier marked differences setting purpose order entered orders near keefe new york times underlying issue right press free prior restraints publication cases form backdrop must decide case vi turn record case determine whether learned hand put gravity evil discounted improbability justifies invasion free speech necessary avoid danger dennis aff see also hand bill rights must examine evidence trial judge order entered determine nature extent pretrial news coverage whether measures likely mitigate effects unrestrained pretrial publicity effectively restraining order operate prevent threatened danger precise terms restraining order also important must consider whether record supports entry prior restraint publication one extraordinary remedies known jurisprudence assessing probable extent publicity trial judge newspapers demonstrating crime already drawn intensive news coverage testimony county judge entered initial restraining order based local national attention case attracted district judge required assess probable publicity given shocking crimes prior time jury selected sequestered examine probable nature publicity determine affect prospective jurors review pretrial record persuades us trial judge justified concluding intense pervasive pretrial publicity concerning case also reasonably conclude based common human experience publicity might impair defendant right fair trial purport say found clear present danger publicity impinge upon defendant right fair trial emphasis added conclusion impact publicity prospective jurors necessity speculative dealing factors unknown unknowable find little record goes another aspect task determining whether measures short order restraining publication insured defendant fair trial although entry order might read judicial determination measures suffice trial made express findings effect nebraska referred issue implication see alternatives prior restraint publication circumstances discussed obvious approval sheppard maxwell change trial venue place less exposed intense publicity seemed imminent lincoln county postponement trial allow public attention subside searching questioning prospective jurors chief justice marshall used burr case screen fixed opinions guilt innocence use emphatic clear instructions sworn duty juror decide issues evidence presented open sequestration jurors course always available although measure insulates jurors sworn also enhances likelihood dissipating impact pretrial publicity emphasizes elements jurors oaths outlined measures short prior restraints publication tending blunt impact pretrial publicity see sheppard maxwell supra professional studies filled suggestions recommending trial courts appropriate cases limit contending lawyers police witnesses may say anyone see american bar association project standards criminal justice fair trial free press app draft noted earlier pretrial publicity even pervasive concentrated regarded leading automatically every kind criminal case unfair trial decided cases made stand proposition juror exposure information state defendant prior convictions news accounts crime charged alone presumptively deprives defendant due process murphy florida appellate evaluations impact publicity take account measures used mitigate adverse effects publicity difficult prospective predictive assessment trial judge must make also calls judgment whether precautionary steps suffice therefore examined record determine probable efficacy measures short prior restraint press speech finding alternative measures protected simants rights nebraska imply measures might adequate moreover record lacking evidence support finding must also assess probable efficacy prior restraint publication workable method protecting simants right fair trial ignore reality problems managing enforcing pretrial restraining orders territorial jurisdiction issuing limited concepts sovereignty see hanson denckla pennoyer neff need personam jurisdiction also presents obstacle restraining order applies publication large distinguished restraining publication within given jurisdiction see generally american bar association legal advisory committee fair trial free press recommended procedure accommodate rights fair trial free press rev draft rendleman free trial review silence orders rev nebraska narrowed scope restrictive order opinion reflects awareness tensions need protect accused fully possible need restrict publication little possible dilemma posed underscores difficult trial judges predict information fact undermine impartiality jurors difficulty drafting order effectively keep prejudicial information prospective jurors restrictive order sought anticipate part develop may injure accused information obviously prejudicial may emerge may properly published gray zone circumstances may violate restrictive order yet prejudicial finally note events disclosed record took place community people reasonable assume without news accounts printed broadcast rumors travel swiftly word mouth one speculate accuracy reports given generative propensities rumors well damaging reasonably accurate news accounts plainly whole community restrained discussing subject intimately affecting life within given practical problems far clear prior restraint publication protected simants rights finally another feature case leads us conclude restrictive order entered supportable outset county entered broad restrictive order terms us held preliminary hearing open public press testimony concerning least two incriminating statements made simants private persons statement evidently confession gave law enforcement officials also introduced state district later order entered public hearing modified nebraska enjoined reporting onfessions admissions interest made accused law enforcement officials onfessions admissions interest oral written made accused third parties excepting statements made accused representatives news media ther information strongly implicative accused perpetrator slayings extent order prohibited reporting evidence adduced open preliminary hearing plainly violated settled principles nothing proscribes press reporting events transpire courtroom sheppard maxwell see also cox broadcasting cohn craig harney county know closure preliminary hearing alternative open nebraska construed state law public hearing held transpired subject prior restraint third prohibition order defective another respect well part final order entered plenary review prohibition regarding implicative information vague broad survive scrutiny given restraints first amendment rights see hynes mayor oradell buckley valeo naacp button third phase order entered falls outside permissible limits record demonstrates nebraska courts held indeed risk pretrial news accounts true false adverse impact attitudes might called jurors record us clear publicity unchecked distort views potential jurors found proper instructions fulfill sworn duty render verdict exclusively evidence presented open say record alternatives prior restraint petitioners sufficiently mitigated adverse effects pretrial publicity make prior restraint unnecessary conclude restraining order actually entered serve intended purpose reasonable minds doubts gravity evil pretrial publicity work probability demonstrated degree certainty cases prior restraint require necessity holding confined record us conclusion simply result assessing adequacy showing made case results part problems inherent meeting heavy burden demonstrating advance trial without prior restraint fair trial denied practical problems managing enforcing restrictive orders always present sense record us illustrative rather exceptional significant reversed state conviction prejudicial publicity carefully noted course action short prior restraint made critical difference see sheppard maxwell supra estes texas rideau louisiana irvin dowd however difficult may need rule possibility showing kind threat fair trial rights possess requisite degree certainty justify restraint frequently denied first amendment rights absolute consistently rejected proposition prior restraint never employed see new york times organization better austin keefe near minnesota ex rel olson analysis ends began confrontation prior restraint imposed protect one vital constitutional guarantee explicit command another freedom speak publish shall abridged reaffirm guarantees freedom expression absolute prohibition circumstances barriers prior restraint remain high presumption use continues intact hold respect order entered case prohibiting reporting commentary judicial proceedings held public barriers overcome extent order restrained publication material clearly invalid extent prohibited publication based information gained sources conclude heavy burden imposed condition securing prior restraint met judgment nebraska therefore reversed footnotes interim petitioners applied justice blackmun circuit justice stay state district order postponed ruling application deference nebraska chambers concluded delay exceed ed tolerable limits entered order chambers need set detail justice blackmun careful decision difficult issue essence stayed order insofar incorporated admonitory guidelines prohibited reporting matters declined least application stay distance impose prohibition upon nebraska courts placing restrictions upon media may report prior trial therefore let stand portion district order prohibited reporting existence nature confession declined prohibit restraining publication facts highly prejudicial accused strongly implicative irreparably impair ability exposed reach independent impartial judgment guilt subsequently petitioners applied extensive stay denied full warren commission conducting inquiry murder president kennedy implied grave doubts whether dissemination great deal misinformation prejudicial oswald fair trial report president commission assassination president john kennedy probably said turn respect trial oswald murderer even though multitude eyewitnesses guilty act see generally jaffe trial newspaper rev powell right fair trial record also reveals counsel sides acted responsibly case suggestion either sought use pretrial news coverage partisan advantage days crime newspaper accounts indicated prosecutor announced existence confession learned oral argument accounts false although fact confession made tr oral arg near minnesota chief justice hughes also able say also conceded authority courts punish contempt publications directly tend prevent proper discharge judicial functions subsequent line cases limited sharply circumstances courts may exact punishment see craig harney pennekamp florida bridges california cases deal punishment based contempt however deal problems substantially different raised prior restraint see also barist first amendment regulation prejudicial publicity analysis ford rev see bickel morality consent respondent intervenors argue change venue helped since nebraska law permits change adjacent counties exposed pretrial publicity case lincoln county held state laws restricting venue must occasion yield constitutional requirement state afford fair trial groppi wisconsin note also combined population lincoln county adjacent counties providing substantial pool prospective jurors closing pretrial proceedings consent defendant required also recommended guidelines emerged various studies oral argument petitioners counsel asserted judicially imposed restraints lawyers others subject challenge interfering press rights news sources tr oral arg see chicago council lawyers bauer cert denied sub nom cunningham chicago council lawyers post confronted issues note making proposals american bar association recommended strongly resort direct restraints press prohibit publication american bar association project standards criminal justice fair trial free press app draft groups reached similar conclusions see report judicial conference committee operation jury system free trial issue special committee radio television administration justice association bar city new york freedom press fair trial example nebraska decided district jurisdiction petitioners except virtue voluntary submission jurisdiction moved intervene except intervention placed within reach nebraska conceded petitioners ignored restraining order state simants neb assuming arguendo problems within reach legislative enactment application evolving concepts jurisdiction solve problems personal jurisdiction even cursory examination suggests awkwardly broad prior restraints publication directed named parties large fit jurisprudence british experience sharp contrast variety reasons great britain smaller unitary system permitting development manageable system prior restraints application constructive contempt doctrine cf supra see generally maryland baltimore radio show app opinion frankfurter respecting denial certiorari gillmor free press fair trial english law lee rev moreover comparison two systems must take account although england gives high place freedom press speech courts subject explicit strictures written constitution justice white concurring technically need go farther dispose case join opinion add however reasons canvasses grave doubt mind whether orders respect press entered case ever justifiable may better part discretion however announce rule first case issue squarely presented perhaps go absolutely necessary federal courts exposed broader spectrum cases presenting similar issues recurring result however case case similar judgment today point announce general rule avoid interminable litigation failure necessarily entail justice powell concurring although join opinion view importance case write emphasize unique burden rests upon party whether state defendant undertakes show necessity prior restraint pretrial publicity judgment prior restraint properly may issue shown necessary prevent dissemination prejudicial publicity otherwise poses high likelihood preventing directly irreparably impaneling jury meeting sixth amendment requirement impartiality requires showing clear threat fairness trial ii threat posed actual publicity restrained iii less restrictive alternatives available notwithstanding showing restraint may issue unless also shown previous publicity publicity unrestrained sources render restraint inefficacious threat fairness trial evaluated context sixth amendment law impartiality restraint must comply standards specificity always required first amendment context believe factors sufficiently addressed opinion demonstrate beyond question prior restraint impermissible pub schulingkamp opinion noted heavy presumption constitutional validity order restraining pretrial publicity justice brennan justice stewart justice marshall join concurring judgment question presented case whether consistently first amendment may enjoin press advance publication reporting commenting information acquired public proceedings public records sources pending judicial proceedings nebraska upheld direct prior restraint press issued judge presiding sensational state murder trial ground existed clear present danger pretrial publicity substantially impair right defendant murder trial trial impartial jury unless restraints imposed state simants neb right fair trial jury one peers unquestionably one precious sacred safeguards enshrined bill rights hold however resort prior restraints freedom press constitutionally impermissible method enforcing right judges disposal broad spectrum devices ensuring fundamental fairness accorded accused without necessitating drastic incursion equally fundamental salutary constitutional mandate discussion public affairs free society depend preliminary grace judicial censors history current litigation highlights many dangers inherent allowing prior restraint press reporting commentary concerning operations criminal justice system action arose events surrounding prosecution simants premeditated mass murder six members kellie family sutherland october shortly crimes occurred community alerted special announcement local television station residents requested police stay streets exercise caution admitted houses rumors quickly spread sniper loose sutherland investigation implicated simants suspect name description provided press disseminated public simants apprehended morning october charged six counts premeditated murder arraigned county lincoln county neb several journalists attendance proof concerning bail prejudicial rights defendant later obtain fair trial app portion bail hearing closed simants objection pursuant request lincoln county attorney hearing counsel appointed simants bail denied october set date preliminary hearing determine whether simants bound trial district lincoln county neb news simants apprehension broadcast radio television reported press relieved much tension built night period october first restrictive order entered three days later representatives press made accurate factual reports events transpired including reports incriminating statements made simants various relatives evening october prosecution filed motion county issue restrictive order enjoining press reporting significant aspects case motion filed without evidentiary support stated state nebraska hereby represents unto reason nature case doubt continue mass coverage news media locally nationally well preliminary hearing charges set commence october reasonable likelihood prejudicial news make difficult impossible impaneling impartial jury tend prevent fair trial defendant bound trial district testimony witnesses preliminary hearing reported public wherefore state nebraska moves forthwith enter restrictive order setting forth matters may may publicly reported disclosed public reference said case reference preliminary hearing thereon said order shall apply app emphasis supplied october autopsy results completed county attorney filed amended complaint charging six premeditated murders committed simants conjunction perpetration attempt perpetrate sexual assault time commencement preliminary hearing county entered restrictive order premised finding reasonable likelihood prejudicial news make difficult impossible impaneling impartial jury event defendant bound district trial amended pet cert accordingly county ordered parties case attorneys personnel public officials law enforcement officials witnesses person present preliminary hearing release authorize release public dissemination form manner whatsoever testimony given evidence adduced preliminary hearing ordered law enforcement official public officer attorney witness news media disseminate information concerning matter apart preliminary hearing set forth nebraska guidelines disclosure reporting information relating imminent pending criminal litigation ibid order remain effect modified rescinded higher defendant ordered released charges also denied defense request close preliminary hearing open hearing held time various witnesses testified disclosing significant factual information concerning events surrounding alleged crimes upon completion hearing county bound defendant trial district since found offenses charged indictment committed probable cause believe simants committed next day petitioners nebraska newspaper publishers broadcasters journalists media associations national newswire services report nebraska sought leave district intervene criminal case vacation county restrictive order repugnant first sixth amendments constitution well relevant provisions nebraska constitution simants attorney moved order continued future pretrial hearings case closed district held evidentiary hearing denied motion close hearings granted petitioners motion intervene adopted interim basis county restrictive order testimony adduced hearing respect need restrictive order county judge stated premised order awareness media publicity onversation around courthouse statements counsel app addition several newspaper clippings pertaining case introduced exhibits district without hearings district october terminated county order substituted found nature crimes charged complaint clear present danger publicity impinge upon defendant right fair trial order setting forth limitations publicity appropriate amended pet cert emphasis supplied respondent stuart district judge adopted order nebraska guidelines clarified certain respects october petitioners sought stay order district immediate relief nebraska way mandamus stay expedited appeal neither district nebraska acted motions petitioners november applied justice blackmun circuit justice stay district order five days later nebraska issued per curiam statement avoid put position exercising parallel jurisdiction continue matter made known whether accept jurisdiction matter november justice blackmun filed inchambers opinion declined act stay least immediate present observed action petitioners application nebraska anticipated december indicated communication clerk issued per curiam statement definitive decision state highest issue profound constitutional implications demanding immediate resolution delayed period long duration delay constitute aggravate deprival constitutional rights petitioners possess may properly assert circumstances hesitate promptly act however since nebraska indicated per curiam statement declining act uncertainty since deemed appropriate state pass initially validity restrictive order justice blackmun without prejudice petitioners reapply prompt action forthcoming denied stay expectation nebraska forthwith without delay entertain petitioners application made promptly decide full consciousness time essence november nebraska set november date hear arguments petitioners motions petitioners reapplied justice blackmun relief november justice blackmun concluding passing day constituted irreparable infringement first amendment values state courts delayed adjudication petitioners claims beyond tolerable limits granted partial stay district order first wholesale incorporation nebraska guidelines stayed ground constitute voluntary code intended mandatory sufficiently riddled vague indefinite admonitions understandably view basic nature guidelines provide substance permissible order first amendment area however state courts reimpose particular provisions included guidelines long deemed pertinent facts particular case long adequately specific keeping remainder order second portion district order prohibiting reporting details crimes identities victims pathologist testimony preliminary hearing stayed persuasive justification restraint facts implicate particular putative defendant bare facts concerning crimes related particular accused reported media appear irreparably infringe accused right fair trial issue whether one committed crimes third believing prior restraints kind necessarily cases invalid justice blackmun concluded certain facts strongly implicate accused may restrained publication media prior trial confession statement interest paradigm facts include associated circumstances arrest necessarily implicative highly prejudicial example facts associated accused criminal record one statements accused guilt associated prosecution finally restrictive order limitation disclosure nature limitations stayed extent limitations ibid following day petitioners filed motion vacate justice blackmun order extent permitted imposition prior restraint publication meanwhile november nebraska heard oral argument scheduled december filed per curiam opinion initially held improper petitioners third party intervene criminal case appeal case must therefore denied however concluded jurisdiction petitioners mandamus action respondent stuart respondents simants state nebraska properly intervened action addressing merits prior restraint issued district nebraska acknowledged yet occasion speak definitively clash two preferred rights first amendment freedom speech press sixth amendment right trial impartial jury sought accommodated prior restraint freedom press however relying dictum branzburg hayes statement new york times prior restraint media bears heavy presumption constitutional validity discerned implication presumption unconstitutionality must circumstances prior restraints may constitutional otherwise need mere presumption concluded evidence overcome heavy presumption state obligation accord simants impartial jury trial may impaired pretrial publicity pretrial publicity might make difficult impossible accord simants fair trial accordingly held order district october void insofar incorporates voluntary guidelines certain respects impinges greatly upon freedom press guidelines intended contractual enforced order district october vacated modified reinstated following respects shall effective events occurred prior filing opinion applies relators herein insofar restricts publication existence content following confessions admissions interest made accused law enforcement officials confessions admissions interest oral written made accused third parties excepting statements made accused representatives news media information strongly implicative accused perpetrator slayings ii sixth amendment constitution guarantees criminal prosecutions accused shall enjoy right speedy public trial impartial jury state district wherein crime shall committed right jury trial applicable due process clause fourteenth amendment see duncan louisiana essentially right fair trial panel impartial indifferent jurors irvin dowd jurors indifferent stand unsworn reynolds quoting coke commentary upon littleton ed see also ristaino ross rideau louisiana irvin dowd supra murchison oliver basic jurisprudence right fair trial called fundamental freedoms estes texas right essential preservation enjoyment rights providing necessary means safeguarding personal liberties government oppression see rideau louisiana supra see generally duncan louisiana supra first amendment constitution however secures rights equally fundamental jurisprudence ringing proclamation congress shall make law abridging freedom speech press applied fourteenth amendment invalidate restraints freedom press imposed see miami herald publishing tornillo new york times sullivan near minnesota ex rel olson interpreted interdict restraints imposed courts see new york times craig harney bridges california indeed correctly perceived responsible press always regarded handmaiden effective judicial administration especially criminal field press simply publish information trials guards miscarriage justice subjecting police prosecutors judicial processes extensive public scrutiny criticism sheppard maxwell see also cox broadcasting cohn commentary reporting criminal justice system core first amendment values operation integrity system crucial import citizens concerned administration government secrecy judicial action breed ignorance distrust courts suspicion concerning competence impartiality judges free robust reporting criticism debate contribute public understanding rule law comprehension functioning entire criminal justice system well improve quality system subjecting cleansing effects exposure public accountability see oliver supra brandeis people money sunlight said best disinfectants electric light efficient policeman one seriously doubt however uninhibited prejudicial pretrial publicity may destroy fairness criminal trial see sheppard maxwell supra past decade witnessed substantial debate colloquially known free trial controversy concerning interface first sixth amendment rights effect told respondents two rights longer coexist press possesses seeks publish confessions admissions interest information strongly implicative criminal defendant perpetrator crime one right must therefore subordinated disagree settled case law concerning impropriety constitutional invalidity prior restraints press compels conclusion prohibition publication press information pertaining pending judicial proceedings operation criminal justice system matter shabby means information obtained imply however subordination sixth amendment rights accused right fair trial may adequately assured methods infringe first amendment values generally universally considered chief purpose first amendment guaranty prevent previous restraints upon publication near minnesota ex rel olson see also patterson colorado ex rel attorney general grosjean american press prior restraints essence censorship near minnesota ex rel olson supra ur distaste censorship reflecting natural distaste free people law southeastern promotions conrad first amendment thus accords greater protection prior restraints subsequent punishment particular speech see carroll princess anne near minnesota ex rel olson supra free society prefers punish abuse rights speech break law throttle others beforehand always difficult know advance individual say line legitimate illegitimate speech often finely drawn risks censorship formidable southeastern promotions conrad supra commentator cogently summarized many reasons american hostility prior restraints system prior restraint many ways inhibiting system subsequent punishment likely bring government scrutiny far wider range expression shuts communication takes place suppression stroke pen likely applied suppression criminal process procedures require attention safeguards criminal process system allows less opportunity public appraisal criticism dynamics system drive toward excesses history censorship shows emerson system freedom expression nation war many things might said time peace hindrance effort utterance endured long men fight regard protected constitutional right schenck one question government might prevent actual obstruction recruiting service publication sailing dates transports number location troops decline invitation addition almost insuperable presumption constitutionality prior restraints even recognized exception however laudable state motivation imposing restraints case compelling reasons carving new exception rule prior censorship publication much information nebraska courts enjoined petitioners publishing already public domain revealed open proceedings public documents prior cases foreclosed serious contention disclosure information suppressed publication even punished publication trial public event transpires room public property see hear transpired report impunity special perquisite judiciary enables distinguished institutions democratic government suppress edit censor events transpire proceedings craig harney similarly estes texas case involving sixth amendment right fair trial observed eporters media plainly free report whatever occurs open respective media settled bridges california pennekamp florida reaffirm see also warren concurring sheppard maxwell case detailed numerous devices employed ensuring fair trials explicitly reiterated course nothing proscribes press reporting events transpire courtroom see also stroble california continuing vitality statements reaffirmed last term cox broadcasting cohn case involving suit damages brought publication state law recognizing privacy interest citizens holding state may impose sanctions accurate publication name rape victim obtained public records observed society individual limited time resources observe first hand operations government relies necessarily upon press bring convenient form facts operations great responsibility accordingly placed upon news media report fully accurately proceedings government official records documents open public basic data governmental operations without information provided press us many representatives unable vote intelligently register opinions administration government generally respect judicial proceedings particular function press serves guarantee fairness trials bring bear beneficial effects public scrutiny upon administration justice see sheppard maxwell appellee claimed litigation efforts press infringed right privacy broadcasting world fact daughter rape victim commission crime prosecutions resulting judicial proceedings arising prosecutions however without question events legitimate concern public consequently fall within responsibility press report operations government special protected nature accurate reports judicial proceedings repeatedly recognized emphasis supplied placing information public domain official records state must presumed concluded public interest thereby served public records nature interest concerned administration government public benefit performed reporting true contents records media freedom press publish information appears us critical importance type government citizenry final judge proper conduct public business preserving form government first fourteenth amendments command nothing less may impose sanctions publication truthful information contained official records open public inspection emphasis supplied order nebraska also applied course confessions information strongly implicative accused obtained sources official records open proceedings reasons follow reasons equally applicable information obtained press official records public proceedings believe rule prior restraints governs information pertaining criminal justice system even derived nonpublic sources regardless means employed press acquisition exception thus far recognized even dictum blanket prohibition prior restraints publication material otherwise constitutionally shielded military security situation addressed new york times unlike virtually certain direct immediate harm required restraint near new york times harm fair trial might otherwise eventuate publications suppressed pursuant orders review must inherently remain speculative judge importuned issue prior restraint pretrial context unable predict manner potentially prejudicial information published frequency repeated emphasis given context purpose reported scope audience exposed information impact evaluated terms current standards assessing juror impartiality information audience considerations render speculative prospective impact fair trial reporting even alleged confession information strongly implicative accused moreover take judicial notice fact given prevalence plea bargaining criminal cases proceed trial judge thus predict likelihood jury even impaneled indeed even cases proceed trial material sought suppressed trial often admissible may admitted event basically adequate devices screening jury duty individuals fact exposed prejudicial pretrial publicity initially important note jury impaneled techniques sequestration jurors control courtroom conduct trial prevent prejudicial publicity infecting fairness judicial proceedings similarly judges may stem much flow prejudicial publicity source obtained representatives press even press nevertheless obtains potentially prejudicial information decides publish information sixth amendment rights accused may still adequately protected particular trial judge employ voir dire probe fully effect publicity judge broadly explore matters extent prospective jurors read particular news accounts whether heard incriminating data alleged confession statements purportedly reliable sources concerning defendant guilt see ham south carolina opinion marshall swain alabama particularly cases extensive publicity defense counsel accorded latitude personally asking tendering searching questions might root indications bias facilitate intelligent exercise peremptory challenges help uncover factors dictate disqualification cause indeed may sometimes necessary question voir dire prospective jurors individually small groups maximize likelihood members venire respond honestly questions concerning bias avoid contaminating unbiased members venire members disclose prior knowledge prejudicial information moreover voir dire may indicate need grant brief continuance grant change venue techniques effectively mitigate publicity particular time particular locale finally trial fails refuses utilize devices effectively palliatives reversals appeal directions new trial sheppard maxwell indicated even case involving outrageous publicity carnival atmosphere courtroom procedures sufficient guarantee defendant fair trial see generally cf pub schulingkamp powell chambers reason one thing sheppard approve direct limitations freedom traditionally exercised news media indeed traditional techniques approved sheppard ensuring fair trials adequate every case found new trial required due lack fundamental fairness accused reasons alone reject contention speculative deprivation accused sixth amendment right impartial jury comparable damage nation people near new york times found sufficient justify prior restraint reporting damage sixth amendment right never considered direct immediate irreparable based proof rather speculation prior restraints press justified basis additional practical reasons starting path urged respondents exception prohibition prior restraints adumbrated near new york times involves judicial weighing countervailing public interest receiving suppressed information direct immediate irreparable harm result disclosure simply deemed outweigh public interest knowing example specific details troop movements wartime nebraska admitted however attempt impose prior restraint reporting information concerning operation criminal justice system inevitably involve courts ad hoc evaluation need public receive particular information might nevertheless implicate accused perpetrator crime example disclosure circumstances surrounding obtaining involuntary confession conduct illegal search resulting incriminating fruits may necessary predicate movement reform police methods pass regulatory statutes remove judges adequately oversee law enforcement activity publication facts surrounding particular proceedings practice plea bargaining generally may provoke substantial public concern operations judiciary fairness prosecutorial decisions reporting details confession one accused may reveal may implicate others well public may rightly demand know actions taken law enforcement personnel bring individuals justice commentary fact strong evidence implicating government official criminal activity goes core matters public concern even brief delay reporting information shortly election may decisive impact outcome democratic process see carroll princess anne dissemination fact indicted individuals accused similar misdeeds past prosecuted received mild sentences may generate crucial debate functioning criminal justice system revelation fact despite apparently overwhelming evidence guilt prosecutions dropped never commenced large campaign contributors members special interest groups may indicate possible corruption among government officials disclosure fact suspect apprehended perpetrator heinous crime may necessary calm community fears actual perpetrator still large cf pub schulingkamp powell chambers situations judges forced evaluate whether public interest receiving information outweighed speculative impact sixth amendment rights obviously examples problems plainly recur almost theoretical situation suppressing disclosure location troops wartime regular basis throughout courts land recognition judicial authority impose prior restraints basis harm sixth amendment rights particular defendants especially since harm must remain speculative thus inevitably interject judges levels censorship roles simply inappropriate impermissible first amendment indeed potential arbitrary excessive judicial utilization power exacerbated fact judges committing magistrates might cases determining propriety publishing information reflects competence integrity general performance bench addition almost intractable procedural difficulties associated attempt impose prior restraints publication information relating pending criminal proceedings ramifications procedural difficulties accentuate burden first amendment rights incentives dynamics system prior restraints inevitably lead overemployment technique order minimize pretrial publicity clients claims counsel defendants might routinely seek restrictive orders prosecutors often acquiesce motions avoid jeopardizing conviction appeal although judges readily reject many claims frivolous significant danger judges nevertheless predisposed grant motions ease task ensuring fair proceedings insulate conduct criminal proceeding reversal need raise specter floodgates litigation drain judicial resources note litigation respect motions substantially burden media bind media notified accorded opportunity heard see carroll princess anne supra mckinney alabama least entail possibility restraint proceedings collateral every criminal case courts significant financial drain media involuntarily made parties proceedings indeed small news organs margin economic viability might choose contest even blatantly unconstitutional restraints avoid crime coverage concomitant harm public right informed proceedings acquiescence might also mean significant erroneous precedents remain unchallenged relied even broader restraints future moreover collateral restraint proceedings unlikely result equal treatment organs media even press brought proceeding often ineffective since disclosure incriminating material may transpire effective restraint imposed sure decision impose restraints even disclosure supposedly narrow categories information depend facts case precious first amendment rights stake afford substantial costs seek appellate review review often inadequate since delay inherent judicial proceedings destroy contemporary news value information press seeks disseminate one commentator observed prior restraints fall speech brutality finality even ultimately lifted cause irremediable loss loss immediacy impact speech indeed hypothesis first amendment injury inflicted society stifle immediacy speech bickel morality consent iii unreservedly agree justice black free speech fair trials two cherished policies civilization trying task choose bridges california reject notion choice necessary inherent conflict resolved without essentially abrogating one right hold courts impose prior restraints reporting commentary upon information revealed open proceedings disclosed public documents divulged sources respect criminal justice system must emphasize countenance sacrifice precious sixth amendment rights altar first amendment although may instances tension uninhibited robust reporting press fair trials criminal defendants judges possess adequate tools short injunctions reporting relieving tension sure alternatives may require greater sensitivity effort part judges conducting criminal trials stifling publicity simple expedient issuing restrictive order press sensitivity effort required order ensure full enjoyment proper accommodation first sixth amendment rights beyond peradventure clear substantial damage freedom press whenever even temporary restraint imposed reporting material concerning operations criminal justice system institution pervasive influence constitutional scheme necessary impact reporting even confessions never direct immediate irreparable give credence notion prior restraints may imposed rationale may incriminating material slight news value inflammatory particular cases responsible organs media exercise choose publicize material make judicial task safeguarding precious rights criminal defendants difficult voluntary codes nebraska guidelines commendable acknowledgment media constitutional prerogatives bring enormous responsibilities encourage continuation voluntary cooperative efforts bar media however press may arrogant tyrannical abusive sensationalist may incisive probing informative least context prior restraints publication decision publish editors judges see near minnesota ex rel olson cox broadcasting cohn miami herald publishing tornillo white concurring cf new york times sullivan every restrictive order imposed press case accordingly unconstitutional prior restraint freedom press therefore reverse judgment nebraska remand proceedings inconsistent opinion appendix opinion brennan concurring judgment nebraska guidelines disclosure reporting information relating imminent pending criminal litigation voluntary code guidelines necessarily reflect respects members bar news media believe permitted required law information generally appropriate disclosure reporting arrested person name age residence employment marital status similar biographical information charge text amendments thereto applicable identity complaint amount conditions bail identity biographical information concerning complaining party victim death involved apparent cause death unless appears cause death may contested issue identity investigating arresting agencies length investigation circumstances arrest including time place resistance pursuit possession weapons used description items seized time arrest appropriate disclose report time seizure description physical evidence subsequently seized confession admission statement appropriate disclose report subsequent finding weapons bodies contraband stolen property similar physical items view time circumstances disclosure reporting likely interfere fair trial information disclosed public records including testimony evidence adduced trial information generally appropriate disclosure reporting existence contents confession admission statement given accused except may stated accused denies charges made paragraph intended apply statements made accused representatives news media public opinions concerning guilt innocence character accused statements predicting influencing outcome trial results examination tests accused refusal failure submit examination test statements opinions concerning credibility anticipated testimony prospective witnesses statements made judicial proceedings outside presence jury relating confessions matters reported likely interfere fair trial prior criminal records photographs unposed photographing televising accused outside courtroom generally appropriate law enforcement personnel interfere photographing televising except compliance order unless photographing televising interfere official duties appropriate law enforcement personnel release representatives news media photographs suspect accused publication photographs news media eliminate portions photographs indicate prior criminal offense police record continuing committee cooperation june referring press publication opinion course use words terms art encompass broadcasting electronic media well copy nebraska guidelines ostensibly voluntary code formulated representatives media bar attached order guidelines similar voluntary codes adhered press several attached appendix opinion excepted scope county order factual statements accused name age residence occupation family status circumstances arrest time place identity arresting investigating officers agencies length investigation nature substance text charge quotations reference without comment public records communications heretofore disseminated public scheduling result stage judicial proceeding held open request assistance obtaining evidence request assistance obtaining names possible witnesses also ordered copy preliminary hearing proceedings made available public expiration order apparently believed public preliminary hearing required state law nebraska subsequently held pertinent state statute require pretrial hearings open public petitioners state nebraska agree question whether preliminary hearings may closed public consistently public trial clause sixth amendment us therefore one express views nebraska guidelines see appendix opinion clarified follows amended pet cert hereby stated trial case commences jury empaneled try case reporting prior event specifically including preliminary hearing pretrial publicity appear defendant made statement confession law enforcement officials inappropriate report existence statement contents appears defendant may made statements interest james robert boggs amos simants grace simants may left note william boggs residence nature statements fact statements made nature testimony witnesses reference statements preliminary hearing reported aspects testimony dr miles foster may reported within guidelines careful discretion press testimony witness dealing technical subjects tests investigations performed results thereof opinions conclusions result tests investigations reported general physical facts found scene crime may reported within guidelines careful discretion press however identity person persons allegedly sexually assaulted details alleged assault defendant reported exact nature limitations publicity entered order reported say fact entering order limiting publicity adoption guidelines may reported specific reference confessions statements interest witnesses type evidence order apply reported justice blackmun view burden proof imposing restraints follows accused prosecution joins bears burden showing publicizing particular facts irreparably impair ability exposed reach independent impartial judgment guilt opinion also stayed prohibition concerning reporting pending application relief nebraska permitted prohibition reporting two opinions extent contained facts properly suppressed nothing opinion deemed barring district judge may impose way restriction parties officers may say representative media ibid two justices nebraska dissented jurisdictional grounds similar formed predicate earlier per curiam statement two justices agreed jurisdictional claims nevertheless joined per curiam avoid procedural deadlock rulings resulted paradoxical situation petitioners ignored county order obtained personal jurisdiction courts general power kind case enjoin restrain everybody state simants neb however improperly intervened criminal case appeal prior restraint issue indeed noted prior restraint applies petitioners organs media see infra evidence relied nebraska included following fact entry restrictive order certain newspapers reported information true tended clearly connect accused slayings fact counsel media stated already doubtful unbiased jury found hear simants case lincoln county fact nebraska law required trial transpire within six months date information filed ibid relatively small population counties nebraska law permit change venue mere heinousness enormity crime trial knowledge surrounding circumstances nebraska also adopted american bar association project standards criminal justice fair trial free press pretrial hearings app draft provides exclusion press public pretrial hearings certain circumstances remanded case district consider applications close future pretrial proceedings standard constitutionality closing pretrial proceedings specific conditions us question intimate views justices stewart marshall noted granted application stay justices stewart marshall dissented denial motions expedite grant stay justice white dissented latter motion extent state courts prohibited reporting information publicly disclosed preliminary hearing underlying criminal proceeding although order nebraska expired jury state simants impaneled sequestered january case moot paradigmatic situation short term orders capable repetition yet evading review southern pacific terminal icc evident decision nebraska subject petitioners future restrictive orders respect pretrial publicity validity orders typically expire jury sequestered generally fully litigated within period time see weinstein bradford see also carroll princess anne counsel informs us simants subsequently tried convicted sentenced death appeal currently pending nebraska simants defense rested plea guilty reason insanity information remained unreported pretrial period ultimately received evidence trial judge also declined close pretrial hearings granted simants requests sequester jury conduct voir dire four prospective jurors present one time denied simants request change venue jackson denno hearing first day voir dire also closed public petitioners challenged latter rulings litigation still pending state courts precise scope terms course almost statement may admission interest example shown false thus destructive accused credibility even true respect exculpatory statements made accused relating alleged alibi defenses similarly considerable vagueness phrase strongly implicative accused guilt nebraska elaborate meaning counsel state suggests covers existence accused prior criminal record tr oral arg others might view phrase considerably expansively see supra cf indeed even fact accused indicted might viewed strongly implicative guilt reporters schooled law threat contempt transgression directives thus tend even materials intended covered restrictive order course even press enjoined reporting certain information necessarily immunize civil liability libel invasion privacy criminal liability transgressions general criminal laws course obtaining information criticism statement embrace protection accorded freedom speech press first amendment see near minnesota ex rel olson thus first amendment constitutes direct repudiation british system licensing see near minnesota ex rel olson supra grosjean american press bridges california wood georgia see infra supra rarity prior restraint cases type jurisprudence also noted see new york times near minnesota ex rel olson fact approximately one hundred fifty years almost entire absence attempts impose previous restraints upon publications relating malfeasance public officers significant conviction restraints violate constitutional right nebraska denigrated termed extremist absolutist position petitioners assuming every exercise freedom press equally important degree values particular right absolutist special interest seriously mischaracterizes petitioners contentions petitioners assert first amendment freedoms paramount circumstances example case involve question ever press may held contempt subsequent publication certain material see wood georgia craig harney pennekamp florida bridges california involve question damages actions malicious publication erroneous material concerning involved criminal justice system see new york times sullivan see also time firestone gertz robert welch contention made press immune criminal liability crimes committed acquiring material publication however extent petitioners take forceful stand imposition prior restraints publication position anything extremist history press constitution one freedom prior restraint absolute one understand reasons four prior restraint orders issued case crucial importance preserving sixth amendment rights obviously uppermost concern question definitively resolved language concerning presumption prior restraints misinterpreted condone ad hoc balancing approach rather merely state test assessing adequacy procedural safeguards determining whether high burden proof met case falling within one categories constitute exceptions rule prior restraints indeed branzburg hayes even intimation restraints might permissible since stated ewsmen constitutional right access scenes crime disaster general public excluded may prohibited attending publishing information trials restrictions necessary assure defendant fair trial impartial tribunal emphasis supplied however branzburg taken pains emphasize case presented question whether first amendment accorded reporter testimonial privilege agreement reveal facts relevant grand jury investigation crime criminal conduct source involve prior restraint restriction press may publish evident full passage sentence appeared focused fact constitutional right special access press information available public generally passage best regarded indicating extent newsmen properly excluded judicial proceedings probably unable report proceedings see generally see also decision involves restraint newspapers may publish type quality information reporters may seek acquire pell procunier clear passage intended decide important question presented case event light views respecting prior restraints unmistakable first amendment stands absolute bar even imposition interim restraints reports commentary relating criminal justice system extent anything branzburg read implying different result think disapproved cf new york times supra brennan concurring suggested prior restraints really necessary small towns since media saturation likely incriminating materials published therefore probably come attention inhabitants course smaller community likely information become available rumors gossip whether press enjoined publication example even restrictive order simants case residents sutherland excluded jury indeed media situations help dispel erroneous conceptions circulating among populace smaller community likely need change venue event heinous crime committed short justification conditioning scope first amendment protection media receive size community serve exposure facts case need prevailing law concerning contours sixth amendment right impartial jury disqualify prospective juror render incapable according accused fair hearing based solely competent evidence adduced open xposure information state defendant prior convictions news accounts crime charged alone presumptively deprive defendant due process murphy florida see also beck washington irvin dowd reynolds course judges accepting guilty pleas must guard danger pretrial publicity effectively coerced defendant pleading guilty cf stroble california example material suppressed case eventually admitted simants trial indeed even simants statements police officials deemed involuntary thus suppressed one suggested confessions statements interest made accused private individuals example inadmissible failure trial judge take measures significant factor reversals convictions sheppard maxwell estes texas significant component prejudicial pretrial publicity may traced public commentary pending cases personnel law enforcement officials attorneys involved case sheppard maxwell supra observed trial might well proscribed extrajudicial statements lawyer party witness official divulged prejudicial matters see also judge sought alleviate problem publicity misrepresented trial testimony imposing control statements made news media counsel witnesses especially coroner police officers officers personnel attorneys fiduciary responsibility engage public debate redound detriment accused obstruct fair administration justice doubtful power control release information individuals appropriate cases see sawyer impose suitable limitations whose transgression result disciplinary proceedings cf new york times stewart joined white concurring similarly cases courts ample power control actions law enforcement personnel excessive delay course impermissible light sixth amendment right speedy trial see barker wingo however even short continuances effective attenuating impact publicity especially news crowds past events front pages somewhat substantial delays designed ensure fair proceedings need transgress speedy trial guarantee see groppi wisconsin cf supp iv rideau louisiana held denial due process deny request change venue necessary preserve accused sixth amendment rights state statutes may restrict changes venue deny accused fair trial groppi wisconsin supra sure nebraska contended society paying heavy price individual fact guilty must released decision necessary release accused ground impartial jury assembled remanded proceedings assuming retrial impartial forum still possible contention pretrial publicity may result conviction innocent person surely trial judge adequate means control voir dire conduct trial actions jury preclude untoward possibility indeed evidence presented trial insufficient trial judge responsibility even submit case jury although various committees recently analyzed free trial issue differed devices believed properly employed ensure fair trials unanimously failed embrace prior restraints publication within acceptable methods see report judicial conference committee operation jury system free press fair trial issue judicial conference committee headed judge kaufman special committee radio television administration justice association bar city new york freedom press fair trial final report recommendations american bar association project standards criminal justice fair trial free press app draft see also american bar association legal advisory committee fair trial free press recommended procedure accommodate rights fair trial free press rev draft include additional considerations many apply generally system prior restraints fundamentality sixth amendment right invoked justification imposition restraints case fact overwhelming reasons precluding prior restraints even facilitate preservation fundamental right reinforces longstanding constitutional doctrine effectively absolute prohibition prior restraints publication material otherwise covered within meaning free press guarantee first amendment see supra example addition numerous comments accommodating first sixth amendment rights case observed press absolutely free report corruption wrongdoing actual apparent incompetence public officials whatever branch government vastly important future state nation denied anyone familiar recent events must well aware prior restraint press however slight instances unthinkable near minnesota ex rel olson supra instances many others preferred constitutional rights collide cases equally important constitutional rights may collide seem circumstances rare though accommodation sort must reached prior restraints may also effectively curtail incentives independent investigative work media otherwise uncover evidence guilt exonerating evidence nevertheless threatens sixth amendment rights others strongly implicating illegal activity indeed extent media notified restraint proceedings choose appear light cost time potentially involved overturning restraint ultimately imposed presentation countervailing public interest maintaining free flow information opposed interests prosecution defense judges maintaining fair proceedings example case restraints applied petitioners improperly intervened criminal case thus subjected jurisdiction numerous amici however subject restraining orders free disseminate prejudicial information areas petitioners precluded cf new york times white joined stewart concurring case prior restraints effect weeks yet time restraints expired appellate review yet exhausted moreover appellate courts might accord cases expedited hearings clearly merit see tr oral arg observed bridges california held convictions newspaper publisher editor contempt based editorial comment concerning pending cases violative first amendment must recognized public interest much likely kindled controversial event day generalization however penetrating historian scientist since punish utterances made pendency case judgments therefore produce restrictive results precise time public interest matters discussed naturally height moreover ban likely fall crucial time upon important topics discussion suggestion found constitution freedom guaranteed speech press bears inverse ration timeliness importance ideas seeking expression yet follow practical result decisions anyone might wish give public expression views pending case involving matter problem public interest time audience receptive effectively discouraged deliberate statutory scheme censorship adopted unfocussed threat sure limited time terminating upon final disposition case change censorial quality endless series moratoria public discussion even short hardly dismissed insignificant abridgment freedom expression assume short overlook fact pendency case frequently matter months even years rather days weeks editor publisher amicus anniston star poignantly depicted letter counsel likely plight small independent newspapers power impose prior restraints pretrial publicity recognized small town dailies unknown unseen friendless victims upholds order judge stuart already irresistible powers judiciary swollen absorbing additional function government censor chilling effect upon vigorous public debate deepest thousands small towns independent locally owned daily weekly newspapers published papers read white house congress network news executives causes contend problems face invisible world power intellect legal staff retain great national law firms spacious profits defend principles way every time feel attack alternative obedient silence hear us speak notice silenced small town press unknown soldier war first sixth amendments war never declared still avoided associating brief stronger brothers able raise voices issue confident listen us represent defenseless among petitioners brief washington post et al amici curiae also danger creation second narrow category exceptions rule prior restraints interpreted license create narrow exceptions justification overcoming mere presumption unconstitutionality presented reasoning eventuated litigation first place see supra justice stevens concurring judgment reasons eloquently stated justice brennan agree judiciary capable protecting defendant right fair trial without enjoining press publishing information public domain may whether absolute protection apply matter shabby illegal means information obtained matter serious intrusion privacy might involved matter demonstrably false information might matter prejudicial might interests innocent persons matter perverse motivation publishing question answer without argument see ashwander tva brandeis concurring however subscribe justice brennan says ever required face issue squarely may well accept ultimate conclusion