GANNETT CO., INC. v. STATE


571 A.2d 735 (1989)

GANNETT CO., INC., Intervenor Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee, v. Steven B. PENNELL, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: November 13, 1989.

Written Opinion: February 22, 1990.


Attorney(s) appearing for the Case

Richard G. Elliott, Jr. (argued), David L. Finger, Richards, Layton & Finger, Wilmington, for appellant Gannett Co., Inc.

Gary W. Aber, Heiman, Aber & Goldlust, Wilmington, Jane E. Kirtley, Robert S. Becker, the Reporters Committee for Freedom of the Press, Washington, D.C., Richard M. Schmidt, Jr., Cohn & Marks, Washington, D.C., James Grossberg, Ross, Dixon & Masback, Washington, D.C., Robert J. Brinkmann, National Newspaper Ass'n, Washington, D.C., Bruce Sanford, Douglas E. Lee, Baker & Hostetler, Washington, D.C., for amici curiae the Reporters Committee for Freedom of the Press, American Soc. of Newspaper Editors, Maryland-Delaware-District of Columbia Press Ass'n, and National Newspaper Ass'n & Soc. of Professional Journalists in support of appellant Gannett Co., Inc.

Jeffrey M. Taschner, Dept. of Justice, Wilmington, for appellee the State of Del.

Eugene J. Maurer, Jr., Wilmington, for appellee Steven B. Pennell.

Steven J. Rothschild (argued), Andrew J. Turezyn, Paul L. Regan, Matthew F. Boyer, Skadden, Arps, Slate, Meagher & Flom, Wilmington, for amicus curiae in support of appellees the State of Del. and Steven B. Pennell.

Before CHRISTIE, C.J., MOORE, WALSH and HOLLAND, JJ., and HARTNETT, Vice Chancellor (sitting by designation pursuant to Del. Const. art. IV, § 12), constituting the Court en banc.


MOORE, Justice, for the majority.

We accepted this expedited interlocutory appeal to consider an issue of first impression — whether the news media have a qualified first amendment right to require announcement of jurors' names during a highly publicized first degree murder trial, even though the parties have full access to such information and the proceedings are otherwise open to the public. The Gannett Company ...

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