 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Sioux Falls Argus Leader v. Miller5/10/2000
In that newspaper article, an attorney for the State reportedly stated that the fund should not cover "two former Plankinton boot-camp staff members who recklessly disregarded the safety of the juvenile inmates in their care." (Argus Leader, November 24, 1999). ()
[ ] In the months since Gina Score's death on July 21, 1999, the episode, and the broad ramifications that have resulted from it, has received almost daily press coverage and has sparked investigation by federal agencies and commentary by national juvenile corrections officials, as well as editorials in local newspapers and letters from the public. Other students at the school have come forward with eyewitness accounts of conditions at the facility. The school's director position has been replaced twice since Score's death; this has been the subject of extensive media coverage. As Judge Miller correctly implies in his order, this episode is the subject of ongoing interviews, investigations, and debate by the executive and legislative branches of our state government and such deliberation "in the normal course of their duties" is not restrained by the court's order. However, much of the publicity has involved discussion of who must shoulder the blame for this tragedy. Layne and Wagaman, the only two persons thus far criminally charged, are the most vulnerable. ()
[ ] The record demonstrates that based upon the ongoing and sensational public nature of this case, the almost daily reporting of news connected directly or indirectly with it, and the commencement of a volley of accusatory statements by two high-profile participants, the trial court was justified in concluding there was, and would likely continue to be, intense and pervasive pretrial publicity surrounding this case. Judge Miller was further justified in concluding a reasonable likelihood existed that such publicity might impair the defendants' right to a fair trial. He specifically noted he considered less restrictive measures to the participant gag order, but found those measures to be ineffective in affording fair and impartial proceedings. ()
Overbreadth
[ ] Finally, Media claims the gag order is overbroad. " verbreadth is concerned with the First Amendment guarantees of free speech." State v. Hauge, 1996 SD 24, , 547 NW2d 173, 175 (citing State v. Morrison, 341 NW2d 635, 637 (SD 1983)). "The test is 'whether the challenged provisions of the injunction burden no more speech than necessary to serve a significant government interest.'" Id. at , 547 NW2d at 176 (quoting Madsen v. Women's Health Center, Inc., 512 US 753, 765, 114 SCt 2516, 2525, 129 LEd2d 593, 608 (1994)).
[ ] Examination of the order shows that Judge Miller acted well within the constitutional limits of specificity in its drafting to sufficiently protect the Sixth Amendment rights of the parties involved to a fair and impartial trial while preserving Media's First Amendment rights to gather and report the news of the proceedings in this high-profile case. The order specifies to whom it applies, for how long it is in effect, and what type of speech is prohibited. Further, it delineates what type of speech is excepted from the court's restrictive order. The order burdens no more speech than is necessary to protect the parties' Sixth Amendment right to a fair trial. In Nebraska Press Ass'n, the Court noted:
The dilemma posed underscores how difficult it is for the trial judges to predict what information will in fact undermine the impartiality of jurors, and the difficulty of drafting an order that will effectively keep prejudicial information from prospective jurors. When a restrictive order is sought, a court can anticipate only part of what will develop t
Page 1 2 3 4 5 6 7 8 9 10 South Dakota Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|