ABSTRACT
In Nebraska Press Association v. Stuart, 427 US 539, the US Supreme Court unanimously overturned a gag order issued by a Nebraska district court judge that prohibited the publication or broadcast of pretrial courtroom proceedings regarding a criminal case. The town of Sutherland, Nebraska, became a scene of tragedy when local police found six family members murdered in their home. The crime and subsequent apprehension of a suspect attracted widespread media attention to the small western Nebraska town. The judge agreed to the request and issued an order prohibiting the publication of information concerning the testimony and evidence introduced in the courtroom until a jury was impaneled. The Nebraska Press Association filed suit claiming the actions of the judge amounted to prior restraint of the press, thereby violating the First Amendment.
