Ashland Publishing Co. v. Asbury

I believe this litigation to be of such significance so as to require comments upon several arguments made both orally and by way of brief by counsel.

My colleagues first approach the basic issue of press coverage of pretrial proceedings by “assessment of the competing societal interests involved” (Justice Stewart in Gannett Co., Inc. v. DePasquale, 443 U.S. 368, 99 S.Ct. 2989, 61 L.Ed.2d 608, 629 (1979) quoting from Justice Powell’s dissent in Saxbe v. Washington Post Co., 417 U.S. 843, 94 S.Ct. 2811, 41 L.Ed.2d 514, 525 (1974)). This test I consider to be appropriate in cases of this nature,…