Contemporary Topic:
Balancing Freedom of Speech
and the Right to a Fair Trial
Carey v. Musladin, __ U.S. __ (2006)
Free speech and fair trial issues come to the Supreme Court in many ways. This case asks students to separate emotions from reason when they decide the following question: If the friends and family of a murder victim sit in the trial of the alleged murderer wearing buttons printed with a picture of the deceased, does that prejudice the jury and risk depriving the defendant of his Sixth Amendment right to an impartial jury?
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