Does Labeling the System 'Unfair' Threaten Fairness. Trial Publicity Rules for Defense Attorneys in Military Commissions

摘要

Trial publicity has been an issue since the early days of the Republic. The concern at its core involves a balancing between protecting the right to a fair trial and safeguarding the right of free expression. Trial publicity also implicates important societal interests such as the free dissemination of information, especially concerning the public interests in knowing of threats to safety and information generally concerning judicial proceedings and the public policy involved.