Which Right Should Trumps?

Ito’s quandary:

Weighing the First and the Sixth.

The Constitution.


Simpson trial judge Lance Ito wasn’t the first judge who had to grapple with the need to balance the U.S. Constitution’s First Amendment guarantee of the right of a free press with the Sixth Amendment guarantee of a defendant’s right to a fair trial. In fact, just about every judge I assisted or advised on a trial of significant public interest had to consider the competing elements of those two Amendments.

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