RESPONDENT: Hugh Stuart, Judge, District Court of Lincoln County, Nebraska et al.
LOCATION: District Court of Lincoln County
DOCKET NO.: 75-817
DECIDED BY: Burger Court (1975-1981)
LOWER COURT: Nebraska Supreme Court
CITATION: 427 US 539 (1976)
ARGUED: Apr 19, 1976
DECIDED: Jun 30, 1976
E. Barrett Prettyman, Jr. - Argued the cause for the petitioners
Floyd Abrams - Argued the cause for the National Broadcasting Co. et al. as amici curiae urging reversal
Harold Mosher - Argued the cause for the respondent Stuart
Milton R. Larson - Argued the cause for the State of Nebraska
Milton L. Larson - for respondent State of Nebraska
Facts of the case
A Nebraska state trial judge, presiding over a widely publicized murder trial, entered an order restraining members of the press from publishing or broadcasting accounts of confessions made by the accused to the police. The judge felt that this measure was necessary to guarantee a fair trial to the accused.
Did the judge's order violate the First and Fourteenth Amendments?
Media for Nebraska Press Association v. StuartAudio Transcription for Oral Argument - April 19, 1976 in Nebraska Press Association v. Stuart
Audio Transcription for Opinion Announcement - June 30, 1976 in Nebraska Press Association v. Stuart
Warren E. Burger:
I have the judgment and opinion of the Court to announce in number 75-817, Nebraska Press Association against Stuart.
And for reasons stated in an opinion filed with the clerk this morning, the judgment of the Supreme Court of Nebraska is reversed.
Mr. Justice White and Mr. Justice Powell while joining in the opinion, have filed concurring opinions.
Mr. Justice Brennan joined by Mr. Justice Stewart and Mr. Justice Marshal filed an opinion concurring in the Judgment.
Mr. Justice Stevens filed a separate opinion also concurring in the judgment.