STATE v. ALLEN


73 N.J. 132 (1977)

373 A.2d 377

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ISAAC ALLEN, DEFENDANT-RESPONDENT, GANNETT COMPANY, INC. AND THE HOME NEWS PUBLISHING COMPANY, INC., APPELLANTS. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN HUGHES AND RICHARD THOMPSON, DEFENDANTS-RESPONDENTS, TRENTON TIMES CORPORATION, APPELLANTS.

The Supreme Court of New Jersey.

Decided April 22, 1977.


Attorney(s) appearing for the Case

Mr. Thomas C. Jamieson, Jr., argued the cause for appellant Trenton Times Corporation (Messrs. Jamieson, McCardell, Moore, Peskin & Spicer, attorneys; Messrs. Williams, Connelly & Califano, of the District of Columbia bar, of counsel; Mr. Jamieson, Mr. Michael F. Spicer and Ms. Frances Goldmark Massie on the brief).

Mr. John H. Yauch, Jr., argued the cause for appellant The Home News Publishing Company, Inc. and Mr. Floyd Abrams, of the New York bar, argued the cause for appellant Gannett Company, Inc. (Messrs. Yauch, Peterpaul and Clark, attorneys; Mr. Yauch, Mr. Abrams, Mr. Eugene R. Scheiman, Mr. Dean Ringel and Mr. Kenneth M. Vittor on the brief).

Mr. Daniel Louis Grossman, Deputy Attorney General, argued the cause for respondent State of New Jersey (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. David S. Baime, Mr. John De Cicco and Mr. Grossman, of counsel and on the brief).

Ms. Kathryn A. Brock, Assistant Deputy Public Defender, argued the cause for defendants-respondents (Mr. Stanley C. Van Ness, Public Defender, attorney; Ms. Brock and Mr. William L. Roughton, Jr., of counsel and on the brief).

Mr. Thomas J. Cafferty argued the cause for amicus curiae New Jersey Press Association (Messrs. Seiffert, Frisch, Gruber & Cafferty, attorneys).

Ms. Annamay T. Shepard and Mr. Frank Askin submitted a brief on behalf of amicus curiae American Civil Liberties Union of New Jersey, Inc. (Mr. Jonathan M. Hyman, of counsel).


The opinion of the court was delivered by SULLIVAN, J.

The two appeals herein, State v. Allen and State v. Hughes and Thompson, although they involve separate and unrelated murder trials, present a common legal issue of fundamental and far-reaching importance to the news media and to the administration of justice.

In State v. Allen the trial court, following the selection of an unsequestered jury1 and acting...

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