Source
Nebraska Press Association v. Stuart, 427 U.S. 539 (1976)
Legal Information Institute, Cornell Law School, 1976-06-30
- Kind
- court record
- Last checked
- 2026-09-26
- Archived copy
- none yet
Cited by
- United States judge bars the press from reporting a murder suspect's confession before trial
- Claim 797: 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.
- Claim 798: Police released the description of suspect Erwin Charles Simants to reporters who had gone to the scene of the crime.
- Claim 799: 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.
- Claim 800: 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.
- Claim 801: 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.
- Claim 802: 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.
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