Conflict of Laws and Core American Constitutional Values

Samuel Simon

Adjunct Professor Samuel R. Simon, Rutgers-Camden School of Law (U.S.A.)
Member of the New Jersey, New York, and Pennsylvania Bars
Member of the American Law Institute and Fellow of the European Law Institute
Visiting Guest Professor, American University of Armenia

This lecture by a distinguished practicing attorney and professor of law addresses the issues that arise in the United States when the constitutional right of a free press collides with a criminal defendant’s constitutional rights to a fair trial, to a fair and impartial jury, and to due process of law.

In the American criminal justice system, an accused criminal defendant is innocent until proven guilty at trial.  To this end, he enjoys a panoply of inalienable constitutional rights that the courts jealously guard at each stage of the proceedings.  Equally, every American is aware that freedom of the press — the constitutional freedom to publish without let or hindrance — is protected by the courts to the utmost possible extent.  These rights may collide in any number of ways.  When they do, it falls to the judiciary to balance the press’s constitutional right to publish — which is correlative to the public’s right to know — with the constitutional protections given to everyone accused of a crime, no matter how heinous. 
One of the most difficult factual scenarios presented by such a collision arises in the context where the news media publishes articles based on confidential or private information that the reporter obtained in violation of a court order prohibiting its dissemination.

The lecture by Visiting Guest Professor Simon, which should be of interest to everyone concerned with comparative law and conflict of laws issues, discusses and analyzes these conflicts in depth, and suggests a mechanism by which the courts may render justice where, as here, fundamental constitutional and statutory rights collide.  Ample opportunity for questions will be offered.

The event is in English and is open to public.