The War On News

A record of government actions against journalism and fact-based reporting, from the first press laws to today

Incident

United States judge bars the press from reporting a murder suspect's confession before trial

United StatesRSF 2026 rank: 64th of 180

Engraving of an empty press briefing room with a lectern and rows of chairs

On October 27, 1975, Nebraska District Judge Hugh Stuart ordered news organizations covering a mass murder near Sutherland, Nebraska, not to report a suspect's confession or other evidence before jury selection. The Supreme Court of the United States, the country's highest court, struck down the order on June 30, 1976, ruling that the government had not shown the heavy justification a prior restraint on publication requires.123

What happened

On the evening of October 18, 1975, local police found six members of the Kellie family murdered in their home in Sutherland, Nebraska, a town of about 850 people. Police released the description of a suspect, Erwin Charles Simants, to reporters who had gone to the scene, and Simants was arrested the next morning. The Lincoln County Attorney and Simants's own lawyer asked a county court to restrict reporting on the case, and on October 27 the District Court of Lincoln County, under Judge Hugh Stuart, replaced that order with its own, finding a clear and present danger that pretrial publicity could impinge on Simants's right to a fair trial. Stuart's order barred news organizations from reporting the existence or content of Simants's confession and other evidence until a jury was chosen. Nebraska Press Association and other news organizations appealed to the Supreme Court of the United States, the country's highest court. On June 30, 1976, the Court ruled unanimously that the heavy burden required to justify a prior restraint, an order stopping publication in advance, had not been met, and it reversed the judgment of the Nebraska Supreme Court that had upheld the order.1234567

What reason was given

Stated justification

Judge Stuart found that, because of the nature of the crimes charged, there was a clear and present danger that pretrial publicity could impinge on Simants's right to a fair trial.4

What changed for reporting

Stuart's order barred news organizations from reporting the existence or content of Simants's confession, the contents of a note he had written and other evidence, until a jury was chosen.5

Timeline

1975

27 October 1975
United States judge bars the press from reporting a murder suspect's confession before trial

Who acted

NameRole in this incidentOffice at the time
Hugh StuartorderedJudge, District Court of Lincoln County, Nebraska
Warren E. BurgerruledChief Justice of the United States

Outlets and journalists

NameKindRelation
Nebraska Press Associationoutletaffected

Sources

  1. Nebraska Press Association v. Stuart, 427 U.S. 539 (1976)Legal Information Institute, Cornell Law School, 1976-06-30, primary. Source record
  2. Nebraska Press Association v. Stuart (1976)The First Amendment Encyclopedia, Middle Tennessee State University, 2009, reporting. Source record

Claims and evidence

Each numbered claim quotes the source it rests on.

  1. Police found six members of the Kellie family murdered in their home in Sutherland, Nebraska, a town of about 850 people, on the evening of October 18, 1975.On the evening of October 18, 1975, local police found the six members of the Henry Kellie family murdered in their home in Sutherland, Neb., a town of about 850 people.Nebraska Press Association v. Stuart, 427 U.S. 539 (1976), Legal Information Institute, Cornell Law School, 1976-06-30.Claim 797, checked 2026-09-26.
  2. Police released the description of suspect Erwin Charles Simants to reporters who had gone to the scene of the crime.Police released the description of a suspect, Erwin Charles Simants, to the reporters who had hastened to the scene of the crime.Nebraska Press Association v. Stuart, 427 U.S. 539 (1976), Legal Information Institute, Cornell Law School, 1976-06-30.Claim 798, checked 2026-09-26.
  3. On October 27, 1975, the District Court of Lincoln County, Nebraska, replaced the county court's order with its own restrictive order barring reporting on the case.Without any further hearings, the District Court on October 27 terminated the County Court's order and substituted its own.Nebraska Press Association v. Stuart, 427 U.S. 539 (1976), Legal Information Institute, Cornell Law School, 1976-06-30.Claim 799, checked 2026-09-26.
  4. Judge Stuart found that the nature of the crimes charged created a clear and present danger that pretrial publicity could impinge on the defendant's right to a fair trial.because of the nature of the crimes charged in the complaint that there is a clear and present danger that pre-trial publicity could impinge upon the defendant's right to a fair trial.Nebraska Press Association v. Stuart, 427 U.S. 539 (1976), Legal Information Institute, Cornell Law School, 1976-06-30.Claim 800, checked 2026-09-26.
  5. The order specifically barred news organizations from reporting five subjects, including the existence or contents of Simants's confession, which had already been introduced in open court.specifically prohibited petitioners from reporting five subjects: (1) the existence or contents of a confession Simants had made to law enforcement officers, which had been introduced in open court at arraignmentNebraska Press Association v. Stuart, 427 U.S. 539 (1976), Legal Information Institute, Cornell Law School, 1976-06-30.Claim 801, checked 2026-09-26.
  6. The Supreme Court of the United States held that the heavy burden required to justify a prior restraint on publication had not been met, and it reversed the Nebraska Supreme Court's judgment.the heavy burden imposed as a condition to securing a prior restraint was not met and the judgment of the Nebraska Supreme Court is thereforeNebraska Press Association v. Stuart, 427 U.S. 539 (1976), Legal Information Institute, Cornell Law School, 1976-06-30.Claim 802, checked 2026-09-26.
  7. The First Amendment Encyclopedia said the Supreme Court unanimously ruled that a trial judge lacked authority to restrain reporting on a case before a jury was chosen, calling the restraint a form of prior restraint on the press.the Supreme Court unanimously ruled that a trial court judge did not have the authority to place gag orders on reporting about a specific crime prior to jury impanelmentNebraska Press Association v. Stuart (1976), The First Amendment Encyclopedia, Middle Tennessee State University, 2009.Claim 803, checked 2026-09-26.