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UNITED STATES v. COLUMBIA BROADCASTING SYSTEM, INC.

No. 73-2602.

497 F.2d 102 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. COLUMBIA BROADCASTING SYSTEM, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 11, 1974.

Attorney(s) appearing for the Case

Talbot D'Alemberte, Miami, Fla., Morton Stavis, Doris Peterson, Nancy Stearns, Center for Constitutional Rights, New York City, Larry G. Turner, Gainesville, Fla., Cameron Cunningham, Brady Coleman, Austin, Tex., for Briggs.

Jack S. Graff, Pensacola, Fla., for defendant-appellant.

William H. Stafford, Jr., U. S. Atty., Pensacola, Fla., Elliot Richardson, Atty. Gen., Erwin N. Griswold, Sol. Gen., of the U. S., Guy Goodwin, Robert A. Dierker, Attys., Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before DYER, MORGAN and RONEY, Circuit Judges.

DYER, Circuit Judge:

The inherent tension between two fundamental constitutional guarantees — the freedom of the press and the right to a fair trial — is manifest in this appeal by the Columbia Broadcasting System from a series of district court orders which restricted the making and publishing of sketches. The lower court forbade not only in-court sketching, but also proscribed the publication of sketches of courtroom scenes, regardless of where the...

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