I can too, but I, as an American, don't believe that should trample our 1A rights

well, and in America we have the problem that law is designed to prevent. The defense calling for a mistrial. Which is perhaps rightfully so.

but also, a technicality here I'll agree, I believe in this situation, the trail was over and they were going in for sentencing, I could be wrong though

i heard that too, but I think this would all be overturned by now if true

this is an issue of when two rights end up in opposition. Neither can be greater than the other, yet one must come out on top.

and we do have that situation, and mistrials are a thing, buuuut we have times were it didn't end in a mistrial, etc.. like the https://en.wikipedia.org/wiki/Duke_lacrosse_case

freedom of speech vs freedom of a fair trial

I agree

a mistrial isn't a good solution, because then you are potentially letting someone who is very much guilty walk free

and honestly it doesn't come up THAT often to be a big issue to my knowledge

I generally thing that jurors are able to be impartial in most situations, regardless of what they hear in the media

I mean

ultimately I think innocent until proven guilty should play a big part

look at the OJ trial

It’s a complicated situation, but I seriously doubt that Tommy ranting outside a courthouse is really going to change a jury’s mind practically speaking.

^

that we can agree.

but there is spirit of the law, and letter of the law

so while the spirit of the law was probably not broken, the letter of the law technically was

and this is where we get the notion any law will be taken to its extremes

it might not change the jurys mind... but its putting some people in view of millions of people - who may turn out to just be innocent people

but prison seems unjust ... a large fine seems more appropriate (depending on the size of the outlet)

well, he already had a prison sentence

as we discussed

the prison sentence was for the same thing

I thought initially it was for his mortgage problem thing... but hes already done his time for that

this would put our 1A and 5A at odds witch each other.. but I think 1A would win out here

this really is what the supreme court is for i would think

its not so much the right to due process... its the right to live a normal life after trial if not proven guilty

ha, the us has no such right

that's the equivalent of equal opportunity of outcome and is unobtainable

really anyone guilty in public opinion will always be guilty in public opinion unless a "greater evil" comes along to show that they were beyond saintly

but, this is also what slander and libel laws are for too

its equal opportunity

although it sucks in the US that your arrest is not scrubbed by default for a not guilty verdict

unless you go through like 100 hoops and wait 3-5 years

I dont know if you know this or not, but outside of the US,... people see the US as a "suing culture"

yeah that one is archaic

that would be a good topic for Will Chamberlain

we see it as suing culture

what wins, freedom of press or freedom due process