Chapter 11: Covering Courts

What crime was Leslie Irvin accused of?

Six murders committed near Evansville, Indiana, in 1954–1955.

Why was Irvin’s trial moved from Vanderburgh County?

Intense, hostile media coverage made it impossible to find an impartial jury.

Why was Gibson County also a problem for Irvin’s trial?

The same Evansville media reached Gibson County, so jurors there were also heavily exposed.

What types of prejudicial information did the media publish about Irvin?

Past juvenile crimes, parole violations, AWOL in WWII, alleged confessions, and labeling him a “mad dog” and “confessed killer.”

How many jurors were dismissed for believing Irvin was guilty?

268 out of 430 potential jurors.

What juror issue showed the jury pool was tainted (Irvin v. Dowd)?

Eight of the twelve final jurors admitted they already thought he was guilty.

What was the legal question the Supreme Court had to decide in Irvin v. Dowd?

Whether prejudicial pretrial publicity deprived Irvin of a fair trial under the Sixth Amendment.

What did the Court say juror impartiality requires (Irvin v. Dowd)?

Jurors can know about the case but must set aside opinions and decide based solely on trial evidence.

What did the Supreme Court rule in Irvin v. Dowd?

Media publicity was so pervasive it tainted the jury pool, so Irvin did not receive a fair trial.

Why is Irvin v. Dowd historically important?

First time the Supreme Court reversed a conviction because of prejudicial media coverage.

What happened after Irvin’s conviction was reversed?

He was retried, convicted again, and sentenced to life in prison.

What issue had the Supreme Court never addressed before 1961?

How sensational media coverage could prejudice criminal trials.

What made the Harry Thaw trial so sensational?

Wealth, sex, scandal, and a public murder of famous architect Stanford White.

Why were Sacco and Vanzetti’s convictions controversial?

Weak evidence and a trial heavily influenced by anti-immigrant and anti-radical bias.

How did the press influence charges in the Frances Hall case?

A newspaper investigation pushed officials to reopen the case and file charges.

What made the Ruth Snyder case famous in the press?

A hidden-camera photo of Snyder’s execution on the Daily News front page.

Why was the Hauptmann (Lindbergh kidnapping) trial considered a “media circus”?

700 reporters, massive radio and newsreel coverage, and huge crowds surrounding the trial.

What major reform came from concerns about the Hauptmann trial?

The ABA recommended banning cameras from courtrooms, a rule most states adopted for decades.

What pattern do these early cases show about media and trials?

Sensational reporting often created public presumption of guilt, threatening fair trials long before courts addressed the issue.

What constitutional rights are in conflict in post-Irvin cases?

The First Amendment (freedom of the press) vs. the Sixth Amendment (right to a fair trial with an impartial jury).

What does the Sixth Amendment guarantee regarding trials?

A speedy, public trial by an impartial jury, which courts interpret as the right to a fair trial.

What amendment makes states responsible for protecting the right to an impartial jury?

The Fourteenth Amendment (due process clause).

Why did the Supreme Court reverse Wilbert Rideau’s conviction?

His filmed confession was broadcast to most of the parish, so the Court said the broadcast basically became the trial, making the real trial a “hollow formality.”

What was the main issue in the Billy Sol Estes case?

His trial was broadcast on live TV, and the Supreme Court said cameras could affect jurors, intimidate the defendant, and impair testimony.

Why did the Supreme Court say cameras harmed the truth-finding purpose of a trial in Estes?

Because cameras don’t help determine the truth and can distort the courtroom environment.

What two major events shifted how courts handle media coverage in trials?

The Warren Commission Report and the Supreme Court’s decision in Sheppard v. Maxwell.

Why was the Warren Commission created?

To investigate President Kennedy’s assassination and address public doubts about who was responsible.

What did the Warren Commission conclude about Oswald?

He killed Kennedy and acted alone.

How did Dallas police contribute to prejudicial publicity (Warren Commission)?

They released almost all evidence immediately through informal press conferences and statements to reporters.

What were officials (including FBI Director Hoover) worried about after Oswald’s arrest (Warren Commission)?

That the amount of publicity would make it impossible for Oswald to get a fair trial.

Why did the Warren Commission say Oswald’s fair-trial rights were endangered?

Evidence was publicized that jurors would likely see, including info that wouldn’t be admissible in court (like refusing a lie detector test).

What did the Warren Commission recommend for the media?

That news organizations work with legal groups to create codes of conduct for covering criminal cases.

What made the Sam Sheppard trial significant?

It involved extremely intense, prejudicial media coverage that undermined Sheppard’s ability to get a fair trial.

What did Justice Tom Clark’s opinion highlight in Sheppard v. Maxwell?

How police, investigators, and reporters contributed to an unfair trial environment.

Why is Sheppard v. Maxwell important in media-law history?

It set strong limits on media interference in trials and emphasized a judge’s duty to protect fair-trial rights.

When was Sam Sheppard retried, and what was the outcome?

In 1966, Ohio retried Sam Sheppard, and the jury acquitted him.

What long-term effects did prison have on Sheppard?

He became an alcoholic, addicted to drugs, and struggled to restart his medical career.

What happened when Sheppard tried to restart his medical practice?

He botched an operation, killing a patient, and resigned his medical license.

What other career did Sheppard briefly pursue?

He became a professional wrestler for a short time.

What is notable about Sheppard’s family life after wrestling?

He married his wrestling trainer’s teenage daughter but died six months later in 1970.

Who worked to clear Sheppard’s name after his death?

His son, Sam R. Sheppard, worked to clear his father’s name.

What key evidence did Sam R. Sheppard uncover?

DNA from his mother’s bedroom that did not match Sheppard or her, supporting the intruder theory.

Is the Sheppard case fully resolved?

No, it remains controversial, and definitive evidence may never emerge.

What major impact did the Sheppard case and Warren Commission have?

They led to the creation of federal and state guidelines on releasing information about pending criminal cases.

Why did the DOJ create guidelines in the late 1960s?

To prevent prejudicial publicity that could influence trials, like in Sheppard’s first trial.

What kind of information can DOJ officials release?

Basic defendant info (name, age, residence, job, marital status), charges, investigating/arresting agency info, and circumstances of arrest (time, place, resistance, weapons, items seized).

When should DOJ officials refrain from releasing information that is normally allowed?

If releasing it could prejudice the outcome of the trial.

What types of information are prohibited or rarely allowed to be released by DOJ officials?

Observations about defendant’s character, statements/confessions/alibis, investigative procedures, witness info, evidence/arguments, opinions on guilt or plea, prior criminal history, and assistance with media photos of suspects.

What is a “perp walk,” and how do DOJ rules relate to it?

A perp walk is parading a suspect for media photos. DOJ officials cannot assist in this.

Can news organizations photograph suspects at all?

Yes, during routine transfers from jail to courtroom or between jails.

How do state bar-press guidelines relate to DOJ rules?

They largely mirror DOJ rules, list what may/may not be released, and are not binding on the media.

Have courts enforced these media guidelines (federal and state guidelines on pretrial publicity that were developed after the Sheppard case and the Warren Commission)?

Some judges tried to require reporters to sign agreements to follow them, but press freedom concerns make this legally unsettled.

What is one key takeaway from the Sheppard case regarding pretrial publicity?

Certain information—like guilt, statements, or prior record—is highly prejudicial and should not be released to prevent influencing juries.

What did the Supreme Court say in Sheppard v. Maxwell regarding handling prejudicial publicity?

Judges have tools to reduce the impact of prejudicial publicity, including change of venue, sequestration of the jury, and restraining out-of-court statements by attorneys and witnesses.

What is a continuance in a trial?

Delaying the trial until media/publicity cools down. Problems: publicity may resume, infringes on Sixth Amendment right to a speedy trial, burdens defendants in jail.

What is severance?

Trying co-defendants separately, especially if one has received more publicity than the other.

What is a change of venue?

Moving the trial to a location with less media attention. Problems: widespread media coverage, expensive for all, costs may fall on the defendant.

What is a change of venire?

Selecting jurors from another community but holding the trial in the original location. Less costly than changing venue.

What is voir dire?

Jury selection process where jurors are questioned to detect bias.

What are the two types of jury challenges in voir dire?

1. Challenge for cause – clear reason a juror cannot be fair (e.g., related to a party). Exposure to media is not enough.
2. Peremptory challenge – attorney removes a juror without reason; cannot be based on race or sex.

What is sequestration of the jury?

Jurors are isolated (hotel, no outside contact, no media) to prevent influence from publicity. Expensive and inconvenient → used only when necessary.

What are admonitions to jurors?

Judges instruct jurors not to discuss the case or follow media coverage; jurors must mostly police themselves.

How can courts caution police and attorneys?

By instructing them not to release information to the media. Limits publicity but may raise First Amendment concerns.

How can courts caution witnesses?

Judges may urge witnesses not to talk to reporters. Witnesses are not legally obligated, but restraint helps reduce prejudicial publicity.

How can courts caution journalists?

Judges can advise journalists to follow bar-press guidelines and consider the influence of their reporting. Orders to refrain from publishing can violate the First Amendment.

What are the trade-offs in using fair-trial protections?

Protecting trial fairness vs. cost, efficiency, and constitutional rights (speedy trial, free press).

What measures did some judges use after Sheppard v. Maxwell that directly restricted media coverage?

Gag orders and prior restraints on the media.

What is a prior restraint?

A court order that stops publication before it happens, generally disfavored under the First Amendment.

What happened in the 1965 Arizona case involving Donald Chambers?

Chambers was charged with first-degree murder; his attorney got a gag order prohibiting newspapers from reporting on habeas proceedings. The Phoenix Gazette and Arizona Republic published anyway, and the Arizona Supreme Court sided with the newspapers.

On what basis did the Arizona Supreme Court rule in favor of the newspapers?

The Arizona Constitution’s free-speech-and-press guarantees barred prior restraints.

Why did the Arizona case have little impact outside the state?

The decision was based on state law, not the US Constitution, so it couldn’t set national precedent.

Give examples of other gag order restrictions imposed by judges.

• Indiana: photographers banned from taking pictures of defendants; reporters restricted to in-court testimony.

• Massachusetts: reporter fined $100 for publishing details of a pretrial hearing; orders often went unchallenged.

What trend was observed in the use of gag orders between 1966 and 1976?

At least 174 restrictive orders were issued (99 in 1974–1975), and 80 of 94 federal district courts had standing orders limiting criminal case information.

Why were omnibus gag orders concerning to observers like Judge Harold R. Medina?

They threatened fair trials and freedom of the press.

What did media organizations need to clarify the constitutionality of prior restraints?

A Supreme Court case directly addressing the issue.

When and where did the media get the opportunity to present such a case to the US Supreme Court?

In 1975, with a murder case from rural Nebraska.

Key difference between gag orders and prior restraints?

Gag orders restrict what media can publish, sometimes after the fact; prior restraints prevent publication before it occurs.

Why could judges’ advice to journalists be problematic?

While advising is allowed, orders that effectively stop publication risk violating First Amendment rights.

What is a gag order?

A court order that restricts what the media or individuals can say or publish about a case, often to protect a defendant’s right to a fair trial.

What case made it extremely difficult for courts to issue prior restraints on the press to protect a defendant’s fair trial rights?

Nebraska Press Association v. Stuart (1976).

What did Justice Brennan argue in Nebraska Press Association v. Stuart regarding prior restraints?

He would have ruled that prior restraints to protect fair-trial rights are unconstitutional, and Justices White and Stevens almost agreed.

What is the three-part test established by Nebraska Press Association to justify a prior restraint?

1. Nature and extent of pretrial publicity – could it make seating an impartial jury nearly impossible?
2. Alternative measures – could other steps protect fairness?
3. Effectiveness of the restraint – would stopping publication actually solve the problem?

What key lesson does the DeLorean case (1984) illustrate about prior restraints?

Even widespread pretrial publicity does not automatically justify a prior restraint; judges must meet all three prongs of the Nebraska Press test.

Why did the 9th Circuit reverse the prior restraint in the DeLorean case?

The trial judge:

1. Misapplied the first prong – publicity doesn’t inevitably taint jurors.

2. Misapplied the second prong – offered no evidence that alternatives like voir dire would fail.

Name a case where a prior restraint was upheld due to protecting sensitive information.

Kobe Bryant rape case (Colorado) – transcript of victim’s sexual history.

Why did the Colorado Supreme Court uphold the prior restraint in the Kobe Bryant case?

Protecting sexual assault victims’ privacy and preventing prejudicial publicity justified a narrow, temporary restraint.

What happened in the Manuel Noriega prior restraint case?

CNN broadcast secretly recorded calls; temporary restraining order was issued, but most of the restraint was dissolved because it didn’t meet the Nebraska Press standard.

Which case involved a prior restraint that remained permanent?

Quattlebaum case (South Carolina) – videotaped attorney-client conversations; SC upheld the restraint because other measures couldn’t protect a fair trial.

How do gag orders on attorneys differ from prior restraints on the press?

Courts require a less strict standard to restrict lawyers’ speech because they are participants in the trial, not neutral observers.

What do professional conduct rules prohibit attorneys from discussing outside of court?

Confessions, criminal records, opinions on guilt/innocence, credibility of witnesses, test results, or other statements likely to influence the case.

What did the Supreme Court decide in Gentile v. State Bar of Nevada (1991)?

The “substantial likelihood of material prejudice” standard is constitutional, but Nevada’s rule was too vague, so Gentile’s punishment was overturned.

Why is the Nebraska Press test considered a “strong barrier” to prior restraints?

Because it sets high standards that are rarely met, making prior restraints almost always overturned or struck down.

What are the three key takeaways about prior restraints today?

1. Rarely upheld.
2. Must meet all three prongs of Nebraska Press test.
3. Temporary, narrow restraints may survive only in cases involving extreme prejudice or sensitive information.

What issue arose after Nebraska Press Association v. Stuart regarding court access?

Whether judges could close courtrooms to prevent the press and public from hearing potentially prejudicial information.

What was the Gannett Co. v. DePasquale (1979) case about?

A pretrial suppression hearing in NY where the defense argued evidence was obtained in violation of the Fourth and Fifth Amendments and requested the courtroom be closed due to publicity.

How did the Supreme Court rule in Gannett Co. v. DePasquale regarding the Sixth Amendment?

5-4 decision: The Sixth Amendment right to a public trial protects the defendant, not the press or public. If the defendant waives it and the prosecutor doesn’t object, courts can close the courtroom.

Did the Supreme Court address the First Amendment in Gannett Co. v. DePasquale?

No, the Court declined to resolve the First Amendment issue, saying the trial court had given it sufficient deference.

What effect did the Gannett decision have on court closures?

Closure requests increased significantly, including pretrial hearings, trials, and proceedings at all stages of prosecution.

What was Richmond Newspapers, Inc. v. Virginia (1980) about?

After a fourth murder trial for John Paul Stevenson, the defense requested to close the courtroom, and Richmond Newspapers appealed, arguing the public had a right to attend.

How did the Supreme Court rule in Richmond Newspapers, Inc. v. Virginia?

7-1 decision: The First Amendment guarantees the public and press a right to attend criminal trials.