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COM. v. HAYES

489 Pa. 419 (1980)

414 A.2d 318

COMMONWEALTH of Pennsylvania, Plaintiff, v. David HAYES. In re PETITION OF the PITTSBURGH PRESS, Tribune-Review Publishing Co., WTAE-TV, Post Gazette Publishing Co. and First Amendment Coalition, Intervenors.

Supreme Court of Pennsylvania.

Decided May 1, 1980.

Attorney(s) appearing for the Case

John H. Bingler, Jr., Thorp, Reed & Armstrong, Clyde H. Slease, III, Pittsburgh, for petitioner.

Robert Vincler, Kemal A. Mericli, Asst. Dist. Attys., Pittsburgh, for plaintiff.

Thomas A. Livingston, Livingston, Miller, O'Malley & Clark, Pittsburgh, for David S. Hayes.

Walter T. McGough, Reed, Smith, Shaw & McClay, John P. McComb, Jr., P. Jerome Richey, Moorhead & Knox, Pittsburgh, for WTAE-TV.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, NIX, LARSEN, FLAHERTY and KAUFFMAN, JJ.

OPINION

NIX, Justice.

This lawsuit represents yet another dispute in the continuing controversy between "free press" and "fair trial." The increasing frequency of these disputes and the mounting acrimony engendered graphically demonstrates the need for clear and decisive judicial direction in this area. One of the major reasons for the difficulty in obtaining acceptable solutions has been a lack of objectivity and flexibility in approaching the difficult...

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