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Nebraska Press Assn. Vs. Stuart
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- US Supreme Court
- Jun 30, 1976
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U.S. 539 (1976) U.S. Supreme Court Nebraska Press Assn. v. StuartSearch
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U.S. 539 (1976) Nebraska Press Assn. v. StuartSearch
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The Nebraska Supreme Court heard oral argument on November 25, and issued its per curiam opinion December 1. State v. SimantsSearch
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that an order restraining publication bears, New York Times Co. v. UnitedSearch
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of the Constitution extends only to actual cases and controversies. Indianapolis School Comm'rs v. JacobsSearch
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at least considered plenary review in this Court, since these orders are by nature short-lived. See, e.g., Weinstein v. BradfordSearch
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Carroll v. PrincessSearch
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judge and by other public officers subject to the control of the court. See generally Hudson, Freedom of the Press Versus FairSearch
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the Due Process Clause of the Fourteenth Amendment guarantees the same right in state criminal prosecutions. Duncan v. LouisianaSearch
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The relevant decisions of this Court, even if not dispositive, are instructive by way of background. In Irvin v. DowdSearch
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U.S. at 366 U. S. 728 . Similarly, in Rideau v. LouisianaSearch
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Id. at 373 U. S. 726 . And in Estes v. TexasSearch
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Id. at 381 U. S. 551 . See also Marshall v. UnitedSearch
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States, 360 U. S. 310 (1959) In Sheppard v. MaxwellSearch
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rare, and we have held in other cases that trials have been fair in spite of widespread publicity. In Stroble v. CaliforniaSearch
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facts by the state courts, and held that petitioner had failed to demonstrate a denial of due process. See also Murphy v. FloridaSearch
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outlined in Sheppard v. MaxwellSearch
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of the Constitution. v. TheSearch
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ex rel. Olson, 283 U. S. 697 , 283 U. S. 707 (1931). See also Grosjean v. AmericanSearch
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a fair and impartial jury, but the opinions on prior restraint have a common thread relevant to this case. In Near v. MinnesotaSearch
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Id. at 283 U. S. 713 . The Court relied on Patterson v. ColoradoSearch
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so universally accepted that the precise issue did not come before us again until Organization for a Better Austin v. KeefeSearch
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petitioners from picketing or passing out literature of any kind in a specified area. Noting the similarity to Near v. MinnesotaSearch
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restraint on expression comes to this Court with a 'heavy presumption' against its constitutional validity. Carroll v. PrincessSearch
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U.S. at 402 U. S. 418 -420. More recently in New York Times Co. v. UnitedSearch
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Pittsburgh Press Co. v. HumanSearch
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judicial proceedings have been afforded special protection against subsequent punishment. See Cox Broadcasting Corp v. CohnSearch
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Craig v. HarneySearch
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Miami Herald Publishing Co. v. TornilloSearch
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U. S. 241 , 418 U. S. 259 (1974) (WHITE, J., concurring). See also Columbia Broadcasting v. DemocraticSearch
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United States v. DennisSearch
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alternatives to prior restraint of publication in these circumstances were discussed with obvious approval in Sheppard v. MaxwellSearch
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measures short of prior restraints on publication tending to blunt the impact of pretrial publicity. See Sheppard v. MaxwellSearch
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orders. The territorial jurisdiction of the issuing court is limited by concepts of sovereignty, see, e.g., Hanson v. DencklaSearch
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U.S. at 384 U. S. 362 -363. See also Cox Broadcasting Corp. v. CohnSearch
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U.S. Supreme Court Nebraska Press Assn. v. StuartSearch
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