What is the balance between freedom of the press and the Fifth Amendment?

California, United States of America


The following excerpt is from Allegrezza v. Superior Court, 121 Cal.Rptr. 245, 47 Cal.App.3d 948 (Cal. App. 1975):

The superior court was not obliged to strike a proper balance between the First Amendment right of freedom of the press, and the Fifth Amendment's guaranty of a fair trial. In the context of this case the rights of the press are no greater than the rights of the public generally. And the public generally has no right to pretrial disclosure of questionable evidence, a disclosure which might well deny to the accused the fair and impartial trial which is his due. (See Craemer v. Superior Court, 265 Cal.App.2d 216, 71 Cal.Rptr. 193; and see authority there collected.)

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