State ex rel. Dayton Newspapers, Inc. v. Phillips

The present appeal presents issues striking at the very core of our judicial system. It involves the interplay between the First Amendment right of the media to freedom of the press and the Sixth and Fourteenth Amendment rights of an accused criminal to a fair trial and due process of law. Because, in my view, the opinion expressing the conclusions of a majority of this court, authored by O’Neill, C. J., fails to accurately and completely address any one of the several serious issues raised by this appeal, I feel compelled to submit the following lengthy dissent. I shall adopt an unusual…