ABSTRACT

In 1966, the US Supreme Court ruled that massive sensational media coverage prevented Dr. Sam Sheppard from receiving a fair trial. The Supreme Court said that Sheppard did not receive a fair trial because of prejudicial publicity and a carnival-like atmosphere in the courtroom. However, the Court also stressed the media's role in protecting public oversight of the judicial system. The chapter focuses on the rights of criminal defendants, parties to civil litigation face many of the issues. The Supreme Court's decision in Sheppard v. Maxwell in 1966 marked the fifth time in seven years that the Court had reversed a criminal conviction because of prejudicial publicity or press behavior in the courtroom. Although Justice Clark, in Sheppard v. Maxwell, authorized restraints on trial participants' contacts with the news media, he did not say reporters could be restricted from publishing information they obtained about the criminal proceedings.