Commemoration of the Supreme Court Decision in Nebraska Press Association v. Stuart – 1976

Commemoration of the Supreme Court Decision in Nebraska Press Association v. Stuart – 1976

The 1976 Supreme Court decision in Nebraska Press Association v. Stuart upheld prior restraints on media as unconstitutional. In the 40 years since this decision, media outlets have changed dramatically.


United States Supreme Court Oral Argument April 19, 1976 and Nebraska Press Association v. Stuart and opinion announcement June 30, 1976

NET News story NPA v. Stuart (April 14, 2016): Ironclad free press ruling remains unchallenged 40 years after Nebraska case.  After a sensational crime rocked Lincoln County, Nebraska, in 1975 local judges issued a court order restricting what the local and national news could report about the case.

Supreme Court Rules · CHAPTER 6: TRIAL COURTS · Article 2: Closing Hearings to the Public.

…it must be kept in mind that as a general principle it is the view of the judiciary of the State of Nebraska that proceedings should be open to the public at all times and only closed, in whole or in part, where evidence presented to the court establishes that by permitting all or part of the proceeding to remain open to the public, a party's right to a fair trial will be substantially and adversely affected and there are no other reasonable alternatives available to protect against such substantial and adverse effect.