LAWYERS' EDITION HEADNOTES:
[***LEdHN1]
LAW ß928
free press -- prior restraints -- murder trial --
Headnote:[1A][1B][1C]
The First Amendment's guaranty of free press is violated by a state court's order restraining the news media, in advance of publication, from reporting accounts of confessions or admissions made by an accused or facts strongly implicating him in a widely reported murder of six persons, where (1) the record does not show that alternatives to a prior restraint on the news media would not have sufficiently mitigated the adverse effects of pretrial publicity so as to make prior restraint unnecessary, and (2) the court cannot conclude that the restraining order actually entered would serve its intended purpose; insofar as the order prohibits reporting or commentary on judicial proceedings held in public, it is clearly invalid, and to the extent that it prohibits publication based on information gained from other sources, the heavy burden imposed as a condition to securing a prior restraint is not met.
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