There is a continual tension between the constitutional protection of a fair trial and the constitutional protection of freedom of the press. In a brief essay, discuss how the courts have said this balance should be maintained.

What will be an ideal response?

In general, the courts have ruled that it’s the judge’s responsibility to protect the defendant’s right to a fair trial, and the judge cannot put large controls on the behavior of journalists. Instead, the judge can do things such as put a gag order on participants in the trial, sequester the jury, postpone the trial until the publicity quiets down, change the venue for the trial, and order a new trial.