Nebraska Press Assn. v. Stuart, 423 U.S. 1327 (1975)

ON REAPPLICATION FOR STAY

Syllabus

1. A Circuit Justice has jurisdiction to act upon a State’s highest court’s decision that an apparently unconstitutional restraint of the press imposed by a trial court’s order should remain in effect pending review thereof, the Circuit Justice having deferred action on an application for a stay of such order pending the State’s highest court’s prompt decision thereon, and a reasonable time in which to review such restraint having passed.

2. Reapplication by news media for stay of a state court order restricting news coverage of alleged murders and criminal proceedings in prosecution thereof, is granted as to the portions of such order (a) incorporating the media’s voluntary guidelines for reporting such news, (b) prohibiting the reporting of the details of the crimes, of the victims’ identities, and of the pathologist’s testimony at the open preliminary hearing, and (c) restricting the reporting of the limitations on publicity imposed by the order, but only to the extent the publicity itself is now permitted. Stay is not granted as to restraints on publication prior to trial of certain facts that strongly implicate an accused, such as a confession, and the stay granted here does not affect those portions of the order governing the taking of photographs and other media activity in the courthouse; nor does it bar the trial judge from restricting what the parties and officers of the court may say to any media representative.