This Note considers court-ordered limitations on the extrajudicial speech of trial participants in high-profile cases. After providing a history of Supreme Court decisions, informative though not dispositive of the topic, it presents the divergent approaches lower courts take when faced with trial participants' extrajudicial speech. The Note highlights the extreme legal uncertainty facing trial participants who desire to speak publicly about court proceedings. Finally, it concludes that courts would better balance First Amendment and fair trial values by rejecting the reasonable likelihood of prejudice standard.
Jonathan Eric Pahl,
Court-Ordered Restrictions on Trial Participant Speech,
57 Duke Law Journal
Available at: http://scholarship.law.duke.edu/dlj/vol57/iss4/5