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Rights in the Balance: Free Press, Fair Trial, and Nebraska Press Association v. Stuart (Plains Histories)

Amazon.com Price: $25.93 (as of 16/04/2019 02:17 PST- Details)

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On a horrific night in October 1975, Erwin Simants brutally murdered six members of the Henry Kellie circle of relatives in tiny Sutherland, Nebraska. Massive media attention to the grisly story soon spawned a historic collision between two of essentially the most cherished American constitutional protections—the First Amendment’s guarantee of a free press and the Sixth Amendment’s guarantee of a criminal defendant’s right to a fair trial before an impartial jury.Rights within the Balance is the story of the complex legal battles set in motion that tragic night at the western Nebraska plains. In juxtaposition to the criminal prosecution of Erwin Simants, Mark Scherer traces the Nebraska Press Association’s battle to overturn a gag order imposed at the media by state court judges. Prohibited from publishing certain information about the crimes and the Simants prosecution, the association set its own arduous legal course that would lead in the long run to the U.S. Supreme Court and the landmark ruling issued in Nebraska Press Association v. Stuart. The verdict, one of the crucial closely followed in American constitutional history, remains probably the most high court’s most significant statements and controlling precedents at the troublesome and recurring conflict between the rights of free press and fair trial.Balancing the nuances of myriad legal considerations against the very human dimensions of both the constitutional litigations and the Simants prosecution, Scherer offers up a narrative accessible not only to communications and legal specialists and scholars but additionally the interested general public.

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