Writing in Bridges v. California, Justice Hugo Black observed forty years ago that "free speech and fair trials are two of the most cherished policies of our civilization, and it would be a trying task to choose between them." And yet, these constitutionally guaranteed rights have been in conflict since at least 1807.
James M. Jennings II,
Judicial Restraining Orders and the Media: Does it Really Matter Who is Gagged?,
U. Rich. L. Rev.
Available at: http://scholarship.richmond.edu/lawreview/vol16/iss3/5