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Rights in the Balance

Free Press, Fair Trial, and Nebraska Press Association v. Stuart

«This book analyzes in depth the Nebraska Press Association's battle to overturn a gag order imposed on the media by state court judges. --Dee Ann Ray ""Sherer's book focuses on the lawyers involved in this case on both sides, and on the judges who tried their best to see that Simants would be fairly tried in a community where he was known and emotions ran high after the killings."" ""This books is one of the 'Plains History' series being published by Texas Tech Press."" --Dee Ann Ray """"Is an examination of the modern media and its interference with the court system as people attempt to get a fair trial in today's society. [...] Is a top pick for community library law collections."" --James A. Cox ""This is a well-researched, well-written history of one of the most important First Amendment cases ... Scherer does an excellent job describing the courtroom proceedings at every level in the case. He carefully and accurately explains complex constitutional and procedural issues and he provides an excellent description of the personalities and judicial politics that shaped the case and its ultimate disposition."" --Michael H. Hoeflich, Kansas History, Vol. 31, No. 4 (Winter 09/09) ""Mark Scherer, associate professor of history at the University of Nebraska-Omaha, tackles the complex legal maneuverings of the case in a well-researched, clearly written, and engaging study... he expertly leads readers through the complex legal issues at stake, but his account is not simply a discussion of constitutional law. It is also a compelling human story on at least two levels: the tragedy of the Kellie family and the mentally deranged killer; and the interplay among the various actors... who grappled with the case for months... This focus on the human aspect of the case represents Scherer's greatest contribution... This attention to local circumstances also marks Scherer's work as significant for readers with an interest in state and local history."" --David J. Bodenhamer, The Annals of Iowa ""This book will be worthwhile and interesting for those who remember the brutality of the Simants murders but who have forgotten the resulting constitutional law; for lawyers, in particular those who wish to be reminded of the ongoing debate between various privleges outlined in the Bill of Rights; and for scholars who are looking for an example in which Nebraska courts have played into the fabric of constitutional law."" --Roy Hahn, Nebraska History, Winter 2008 ""Mark Scherer has succeeded in making this narrative of constitutional brainstorming, brief writing, and appellate arguing most exciting. It is a story well told. My hope is that he is sitting at a desk somewhere right now working on another book."" --G. Michael Fenner, Great Plains Research, Spring 2009»

On a horrific night in October 1975, Erwin Simants brutally murdered six members of the Henry Kellie family in tiny Sutherland, Nebraska. Massive media attention to the grisly story soon spawned a historic collision between two of the most cherished American constitutional protections - the First Amendment's guarantee of a free press and the Sixth Amendment's guarantee of a criminal defendants right to a fair trial before an impartial jury. Les mer

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On a horrific night in October 1975, Erwin Simants brutally murdered six members of the Henry Kellie family in tiny Sutherland, Nebraska. Massive media attention to the grisly story soon spawned a historic collision between two of the most cherished American constitutional protections - the First Amendment's guarantee of a free press and the Sixth Amendment's guarantee of a criminal defendants right to a fair trial before an impartial jury. ""Rights in the Balance"" is the story of the complex legal battles set in motion that tragic night on the western Nebraska plains. In juxtaposition to the criminal prosecution of Erwin Simants, Mark Scherer traces the Nebraska Press Associations battle to overturn a gag order imposed on the media by state court judges. Prohibited from publishing certain details about the crimes and the Simants prosecution, the association set its own arduous legal course that would lead ultimately to the U.S. Supreme Court and the landmark ruling issued in ""Nebraska Press Association v. Stuart"". The decision, one of the most closely followed in American constitutional history, remains one of the high courts most significant statements and controlling precedents on the troublesome and recurring conflict between the rights of free press and fair trial. Balancing the nuances of myriad legal considerations against the very human dimensions of both the constitutional litigations and the Simants prosecution, Scherer offers up a narrative accessible not only to communications and legal specialists and scholars but also the interested general public.

Detaljer

Forlag
Texas Tech Press,U.S.
Innbinding
Innbundet
Språk
Engelsk
ISBN
9780896726260
Utgivelsesår
2008

Anmeldelser

«This book analyzes in depth the Nebraska Press Association's battle to overturn a gag order imposed on the media by state court judges. --Dee Ann Ray ""Sherer's book focuses on the lawyers involved in this case on both sides, and on the judges who tried their best to see that Simants would be fairly tried in a community where he was known and emotions ran high after the killings."" ""This books is one of the 'Plains History' series being published by Texas Tech Press."" --Dee Ann Ray """"Is an examination of the modern media and its interference with the court system as people attempt to get a fair trial in today's society. [...] Is a top pick for community library law collections."" --James A. Cox ""This is a well-researched, well-written history of one of the most important First Amendment cases ... Scherer does an excellent job describing the courtroom proceedings at every level in the case. He carefully and accurately explains complex constitutional and procedural issues and he provides an excellent description of the personalities and judicial politics that shaped the case and its ultimate disposition."" --Michael H. Hoeflich, Kansas History, Vol. 31, No. 4 (Winter 09/09) ""Mark Scherer, associate professor of history at the University of Nebraska-Omaha, tackles the complex legal maneuverings of the case in a well-researched, clearly written, and engaging study... he expertly leads readers through the complex legal issues at stake, but his account is not simply a discussion of constitutional law. It is also a compelling human story on at least two levels: the tragedy of the Kellie family and the mentally deranged killer; and the interplay among the various actors... who grappled with the case for months... This focus on the human aspect of the case represents Scherer's greatest contribution... This attention to local circumstances also marks Scherer's work as significant for readers with an interest in state and local history."" --David J. Bodenhamer, The Annals of Iowa ""This book will be worthwhile and interesting for those who remember the brutality of the Simants murders but who have forgotten the resulting constitutional law; for lawyers, in particular those who wish to be reminded of the ongoing debate between various privleges outlined in the Bill of Rights; and for scholars who are looking for an example in which Nebraska courts have played into the fabric of constitutional law."" --Roy Hahn, Nebraska History, Winter 2008 ""Mark Scherer has succeeded in making this narrative of constitutional brainstorming, brief writing, and appellate arguing most exciting. It is a story well told. My hope is that he is sitting at a desk somewhere right now working on another book."" --G. Michael Fenner, Great Plains Research, Spring 2009»

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