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The Right To A Fair Trial

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Freedom of the press also confronts head-on another Bill of Rights guarantee, the right to a fair trial. Media coverage of a crime can make it very difficult to find an “impartial jury,” as required by the Sixth Amendment. On the other side of this conflict, however, is the “public’s right to know.” The Sixth Amendment promises a “speedy and public trial,” and many journalists interpret this provision to mean that the proceedings ought to be open. On the whole the Court has ruled in favor of media access to most stages of legal proceedings and courts have been extremely reluctant to uphold gag orders, which would impose prior restraint on the press during those proceedings.54

Keeping the Republic

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