This lecture by a distinguished practicing attorney and professor of law addresses the issues that arise in the United States when the constitutional right of a free press collides with a criminal defendant’s constitutional rights to a fair trial, to a fair and impartial jury, and to due process of law.

In the American criminal justice system, an accused criminal defendant is innocent until proven guilty at trial.  To this end, he enjoys a panoply of inalienable constitutional rights that the courts jealously guard at each stage of the proceedings.  Equally, every American is aware that freedom of the press — the constitutional freedom to publish without let or hindrance — is protected by the courts to the utmost possible extent.  These rights may collide in any number of ways.  When they do, it falls to the judiciary to balance the press’s constitutional right to publish — which is correlative to the public’s right to know — with the constitutional protections given to everyone accused of a crime, no matter how heinous.