Brief Fact Summary. The Respondent, Stuart (Respondent), ordered a pretrial gag order on all press coverage of a murder trial.
Synopsis of Rule of Law. Gag orders are constitutional only when there is clear and present danger that pretrial publicity would threaten a fair trial, alternative measures are inadequate and an injunction would protect the accused.
Issue. Is this gag order violative of the constitutional guarantee of freedom of the press?
Held. Yes. The government has failed to meet the burden of showing that the trial will definitely be compromised by the public dissemination of pretrial proceedings.
The protection even as to previous restraint is not absolutely unlimited.View Full Point of Law