Legal Opinion

People v. Fioretti

New York Supreme Court

Decided May 18, 1987Published

1Opinion of the Court

*542OPINION OF THE COURT

Howard E. Goldfluss, J.

The recurrent issue raised by counsel’s motion to enjoin the District Attorney and the police department from providing information to the media concerns the classic conflict of rights —the public’s right to know under the First Amendment and the accused’s inviolate right to a fair trial under the Sixth. It must be stated at the outset, that the defendant has a heavy burden. This is a "prior restraint” request, and, as such, the Supreme Court has viewed it with a strong presumption against its constitutional validity. (See, Carroll v Princess Anne,…

2Cases cited7 opinions

  1. Sheppard v. MaxwellSupreme Court of the United States · 1966
  2. Nebraska Press Assn. v. StuartSupreme Court of the United States · 1976
  3. Cox Broadcasting Corp. v. CohnSupreme Court of the United States · 1975
  4. Craig v. HarneySupreme Court of the United States · 1947
  5. Carroll v. President & Commissioners of Princess AnneSupreme Court of the United States · 1968

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