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Nebraska Press Association v. Stuart (Docket #: 75-817) (1976)  [Findlaw]

Secondary Link Nebraska Press Association v. Stuart  [Legal Information Institute]
Argument Date 04/19/1976
Decided 06/30/1976
Supreme Court Vote 9-0
Supreme Court Ruling First Amendment claim sustained; holding that the practical problems associated with implementing a prior restraint on the press in the case would not have served the accused’s rights.
IssueDid a state trial judge, presiding over a widely publicized murder trial, violate the First Amendment when he entered an order which, as modified by the Nebraska Supreme Court, restrained petitioner newspaper, broadcasters, journalists, news media associations, and national newswire services from publishing or broadcasting accounts of confessions or admissions made by the accused to law enforcement officers or third parties, except members of the press, and other facts "strongly implicative" of the accused
Majority Opinion Burger, C.J. (joined by White, Powell, Blackmun, and Rehnquist, JJ.)
Concurring Opinion White, J. & Powell, J & Brennan, J. (joined by Stewart and Marshall, JJ.) & Stevens, J.
Lower Court Nebraska Supreme Court
Lower Court Ruling First Amendment claim denied
Oral Arguments Oral Arguments  [Oyez]
For Petitioner
E. Barrett Prettyman, Jr.

For Respondent
Milton R. Larson

Harold Mosher, Assistant Attorney General of Nebraska

For Amicus
Floyd Abrams

For Petitioner
James L. Koley and Stephen T. McGill

For Respondent
Erwin N. Griswold

Paul L. Douglas, Attorney General

For Amicus
American Civil Liberties Union; American Newspaper Publishers Assn.; National Press Club; Reporters Committee for Freedom of the Press Legal Defense and Research Fund; Tribune Co.; Washington Post Co.

Eugene R. Scheiman, Corydon B. Dunham, David H. Marion, Harold E. Kohn, Robert Sack, John B. Summers, William Barnabas McHenry, David Otis Fuller, Jr., Richard M. Schmidt, Jr., Ian Volner, and J. Laurent Scharff.


Opinion - Lower Court
State v. Simants, 194 Neb. 783, 236 N. W. 2d 794
Abrams, Floyd, SPEAKING FREELY: TRIALS OF THE FIRST AMENDMENT (2005), pp. 55-58, 65, 83, 276

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