ERIC Number: ED167991
Record Type: RIE
Publication Date: 1978-Aug
Reference Count: 0
Protective/Restrictive Orders and Judicial Review.
Pickerell, Albert G.
The issue of whether judicial orders restricting access to court proceedings should be subject to a procedural hearing, the standing of the media in such hearings, and the role of the media in the entire process are analyzed in this paper. The various sections of the paper deal with the following topics: the procedural plan, proposed to the American Bar Association (ABA) by the Reporters Committee for Freedom of the Press, that would provide the media with the opportunity to be heard prior to the issuance of a restrictive order; the guidelines under consideration by the United States Senate that would limit the issuance of restrictive orders by federal courts; a procedural plan approved by the ABA that would provide due process before standing guidelines or special orders were issued by a court; the media response to the ABA recommendations; the trial judge's perspective on the issue; judicial interpretations of prior restraint orders; proposed changes to the 1968 ABA Standards; the possible decline in the issuance of restrictive orders; and the implications of the "Sheppard v. Maxwell" ruling dealing with pretrial publicity and trial fairness. (FL)
Publication Type: Speeches/Meeting Papers; Information Analyses
Education Level: N/A
Authoring Institution: N/A
Identifiers: Judicial Review
Note: Paper presented at the Annual Meeting of the Association for Education in Journalism (61st, Seattle, Washington, August 13-16, 1978) ; Best copy available