Related questions with answers
What measures can a court take in order to guarantee the right to a fair trial in the face of media scrutiny?
a. The court can limit journalists' access to particularly sensitive trials.
b. The court can exercise prior restraint against the publication of information that might influence the jury.
c. The court can force journalists to hold back sensitive information until after the trial has ended.
d. The court can threaten journalists with fines and imprisonment for revealing sensitive information.
e. The Supreme Court has never upheld a restriction on the press in the interest of a fair trial.
Solution
VerifiedThe public has the right to information. Robert Dahl listed enlightened understanding as one of the most important criteria of an ideal democratic process. If there exists an institution that can monopolize information to withhold or distort it, a fair and true democracy doesn't exist. That is why courts cannot forbid the media from acquiring and publishing information that is of public interest, but they could, by the letter of the law, force journalists to hold back sensitive information until a trial is completed. The reason they can do that is that any publicity on the trial can sway the public or the jurors and compromise the fairness of a trial.
However, the Court has never used this power and has never approved restrictions on the press to secure a fair trial. It overturned court rulings that banned reporting on cases or excluded the public from trials (permitting only closed hearings). The only effective measure courts use to keep the jury unbiased is putting the jury in isolation during high-profile cases so that it cannot be influenced by the public or the media.
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