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Can a defendant get a fair trial in the U.S. today? Can an unbiased juror be found when there has been widespread media coverage of an event? The press and courts have long struggled with finding a balance between free press rights in the First Amendment and rights of the accused in the Sixth Amendment. Enrique Austria explores pre-trial publicity, gag orders, prior restraint and how the 2nd U.S. Circuit Court of Appeals has handled such cases. Amanda Dee looks at Ferguson, when, on a summer day in 2014, Michael Brown became a symbol for thousands of lives lost. She analyzes in what ways journalists and citizens had access to information about the case, the application of local Sunshine Laws and FOIA, and how official maneuvers restricting access to information should be considered as unconstitutional instances of prior restraint.
Annette M Taylor
Primary Advisor's Department
Stander Symposium poster
Austria, Enrique G.; Dee, Amanda Jean; and Taylor, Annette M., "Media Issues: A Case of Distress from Blocked Public Access in Ferguson, and Pre-Trial Publicity and Fair Trial" (2016). Stander Symposium Posters. 805.