Commonwealth v. Hayes

OPINION

NIX, Justice.

This lawsuit represents yet another dispute in the continuing controversy between “free press” and “fair trial.” The increasing frequency of these disputes and the mounting acrimony engendered graphically demonstrates the need for clear and decisive judicial direction in this area. One of the major reasons for the difficulty in obtaining acceptable solutions has been a lack of objectivity and flexibility in approaching the difficult problems involved. The issue too frequently is framed as one of competing unalterable principles, rending an accommodation unnecessarily…