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Constitutional Law Keyed to Choper
Nebraska Press Association v. Stuart
Citation:
427 U.S. 539 (1976)Facts
On October 18, 1975, six members of the Henry Kellie family were murdered in Sutherland, Nebraska, a town of about 850 people. Erwin Charles Simants was quickly identified as a suspect, arrested, and charged with the murders. The case attracted intense local, regional, and national media coverage. Three days after the crime, the County Court issued a restrictive order prohibiting reporting on testimony or evidence from the preliminary hearing. The District Court later modified this order but still prohibited reporting on: (1) the existence or contents of Simants’ confession; (2) statements Simants made to others; (3) contents of a note written by Simants; (4) certain medical testimony; and (5) the identity of victims of the alleged sexual assault. The Nebraska Supreme Court further modified the order but maintained restrictions on reporting confessions, admissions, and “strongly implicative” information. The media organizations challenged these restrictions as unconstitutional prior restraints on press freedom.
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