Fair Trial and Free Press: No Fundamental Clash Between the Two

Freedom of the press is guaranteed by the First Amendment; the Fifth Amendment guarantees the right to due process of law, which encompasses a fair trial. There are cases where these two fundamental rights seem to clash—for example, the practice of some newspapers of giving exceptionally sensational publicity to criminal cases may prejudice the rights of the defendant. Addressing a panel conference as the Cincinnati regional meeting of the American Bar Association last June, Judge Allen pointed out that the problem is by no means insoluble. Much of the solution lies in the hands of lawyers themselves if only they will enforce their own Canons of Professional Ethics.