Title: A New Twist on Free Press/Fair Trial Contests: Consequences of a Local Rule of Court in Jefferson County, Kentucky
Abstract: A local rule of court in three of Kentucky’s 120 counties has precipitated a body of law that provides unique contours in contests between free speech rights of media and fair trial rights of criminal defendants. A requirement that discovery documents be filed with the court gives rise to the publication of information that is prejudicial and perhaps inadmissible, according to case precedent. Personal information about third parties not named in the lawsuit becomes public records with qualified privilege attached thereto. Defendants in these jurisdictions have the additional burden of successfully moving the court to seal discovery documents in order to better protect their Sixth Amendment rights to an unbiased jury. This rebuttable presumption of open discovery documents creates a second legal challenge for criminal defendants as media outlets intervene to quash motions to seal, citing their First Amendment rights. This paper examines opinions of the Kentucky and United States Supreme courts, statutory provisions, and the local rule of court when pre-trial publicity results in a motion to change venue. This narrow issue suggests broad implications for the legal.
Publication Year: 2013
Publication Date: 2013-01-01
Language: en
Type: article
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