Ito’s quandary:
Weighing the First and the Sixth.
The Constitution.
10/26/94
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.