Nebraska Press Assn. v. Stuart
United States Supreme Court
427 U.S. 539, 96 S.Ct. 2791, 49 L.Ed.2d 683 (1976)
Six people were murdered in a small town. The next day, Erwin Charles Simants was immediately taken into custody and arraigned by the Lincoln County Court. The case was highly publicized, and Simants’ attorney joined the county attorney in requesting an order limiting the information that could be published on the grounds that disclosure could taint the jury pool. The judge granted the motion and entered a gag order prohibiting attendees from publicly disclosing any evidence. After a preliminary hearing, trial was set in the district court. The Nebraska Press Association (plaintiff) challenged the gag order, but Judge Stuart (defendant) refused to lift it due to the “clear and present danger that pre-trial publicity could impinge on the defendant’s right to a fair trial.” The Nebraska State Supreme Court modified the order to limit the types of information subject to the order. The United States Supreme Court granted certiorari to consider whether the order violated the First Amendment right to freedom of the press.
Rule of Law
Holding and Reasoning (Burger, C.J.)
Concurrence (Stevens, J.)
Concurrence (White, J.)
Concurrence (Brennan, J.)
Concurrence (Powell, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 726,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 726,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,700 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.