IN RE MEMPHIS PUB. CO.

Nos. 88-6106, 88-6107, 88-6108, 88-6369 and 88-6406.

887 F.2d 646 (1989)

In re Petitions of MEMPHIS PUBLISHING COMPANY (88-6369), d/b/a the Commercial Appeal (88-6106); RKO General, Inc. d/b/a WHBQ-TV (88-6108), and Scripps Howard Broadcasting Company, d/b/a WMC-TV Channel 5 (88-6107), Intervenors-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. Dana G. KIRK, Defendant-Appellee. In re MEMPHIS PUBLISHING COMPANY (88-6406), Petitioner.

United States Court of Appeals, Sixth Circuit.

Decided and Filed October 13, 1989.


Attorney(s) appearing for the Case

S. Russell Headrick, Lucian T. Pera, Armstrong, Allen, Prewitt, Gentry, Johnston & Holmes, Memphis, Tenn., for intervenors-appellants.

W. Hickman Ewing, Jr., U.S. Atty., Memphis, Tenn., for plaintiff-appellee.

Frank J. Glankler, Jr., Glankler, Brown, Gilliland, Chase, Robinson & Raines, Memphis, Tenn., for defendant-appellee.

Richard L. Hollow, McCambell & Young, Knoxville, Tenn., for amicus curiae Tennessee Press Ass'n.

Before KEITH and NORRIS, Circuit Judges, and EDWARDS, Senior Circuit Judge.


GEORGE CLIFTON EDWARDS, Jr., Senior Circuit Judge.

In this case we are required to consider petitions from organizations in the publishing or broadcasting business and the position of defendant-appellee Dana G. Kirk, who withdrew from this appeal. These proceedings are unique in that they pose possible conflicts between the First Amendment right to know what takes place in a judicial proceeding and the Sixth Amendment right to a fair trial.

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