《公开与公平的博弈:美国最高法院如何平衡新闻自由与审判公正》以新闻自由与公正审判的博弈为主题,收录一个半世纪以来美国最高法院的相关经典判例,细致介绍了每个案件的案情、判决书、同意意见书和异议意见书等内容,力图为读者提供一份基础性研究材料。全书把新闻自由与公正审判之间的冲突拆分为六个部分:(1) "陪审员读报引发的麻烦"关注的是审前报道对单个陪审员的影响,这是早期美国最高法院审查案件的着眼点;(2) "审前报道如枪林弹雨一般"则是研究审前报道对整个陪审团的影响,这是自20世纪60年代正式产生和发展起来的新进路;(3) "拿什么来'拯救'公正"讲的是面对审前报道愈演愈烈之势,美国最高法院提出的捍卫公正的措施;(4) "纵然言论'过了火'"探讨法院事前限制审判报道的合宪性争议;(5) "公开两个字好艰难"聚焦于媒体为争取采访报道刑事审判而提起的诉讼;(6) "一场诉讼一场戏"涉及电视拍摄庭审的问题,电视拍摄使审判现场具有了舞台效果,这是电子媒体带来的新挑战。Taking the game between press freedom and judicial justice as the theme, Open and Fair Game: How the Supreme Court of the United States to Balance Press Freedom and Judicial Justice collects the relevant classic cases of the Supreme Court of the United States through a century and a half, as well as introduces in detail the facts of each case, the decision, the agreement paper, the disagreement paper, etc so as to try to provide the readers with the basic research materials. This book divides the conflicts between press freedom and judicial justice into six parts: (1) What is concerned by the "trouble caused by the newspaper reading of the juror" is the impact of the pre-trial report on a juror, which is the focal point for the Supreme Court of the United States to examine a case; (2) The "bombarding pre-trial report" studies the impact of the pre-trial report on the whole jury, which is a new approach formally generated and developed since the 1960s; (3) focusing on the intensified pre-trial report, "taking what to 'save' justice" is the measure put forward by the Supreme Court of the United States to defend justice; (4) The "'extreme' outspoken comment" discusses the controversy of the constitutionality for the court to limit the pre-trial report; (5) That "it is too difficult to be open" focuses on the lawsuit filed by the media fighting to cover and report the criminal trial; (6) That "a lawsuit brings about a play" involves the TV-shot trial: the TV shooting brings about the theatrical effect to the trial, which is a new challenge brought by the electronic media.
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