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13 Willamette L.J. 211 (1976-1977)
Fair Trials and Press Freedom - Two Rights against the State

handle is hein.journals/willr13 and id is 217 raw text is: FAIR TRIALS AND PRESS FREEDOM-TWO RIGHTS AGAINST THE STATE HANS A. LINDE* Editor's note: The following is the text of remarks delivered by the Honorable Hans A. Linde, Associate Justice of the Su- preme Court of Oregon, before the Rocky Mountain-Pacific Northwest Regional Seminar on Freedom and Ethics of the Press on April 1, 1977, in Portland, Oregon. Although Justice Linde's remarks were prepared for a lay audience and, therefore, do not constitute an exhaustive legal analysis, the Willamette Law Journal presents his remarks here in the hope that mem- bers of the bar will be interested in the personal views of Ore- gon's newest Supreme Court Justice on a topic of current inter- est. When Don Sterling invited me to join you today, he told me that you were spending the day in discussing the relationship between free press and fair trials. After I accepted, when it was too late, I asked myself just what qualified me for this assign- ment. My most excitihg career in journalism was when I was at Lincoln High School with Don, as associate editor of the Lincoln Cardinal. But in those days, before school children were entitled to due process, we did not hang around the courthouse much. My later editing stint on the California Law Review dealt with the theories of appellate courts, never with the raw stuff of trials. I have not been a district attorney or a defense counsel. And as a judge, I cannot properly tell you what the Oregon Supreme Court would or would not do about any particular issue, even if I knew-and I assure you that I do not know. So I conclude that I have been selected on the same premise as a juror is selected for a trial-on the premise that he or she is not burdened by any prior knowledge about the facts. But if I cannot tell you anything you do not know about facts-the facts of journalism and the facts of trials-perhaps I * Associate Justice, Oregon Supreme Court, appointed January, 1977; B.A., Reed College, 1947; J.D., University of California, Berkeley (Boalt Hall), 1950. Justice Linde served as law clerk to U.S. Supreme Court Justice William 0. Douglas, 1950-51; as attor- ney, Office of the Legal Advisor, Department of State and Advisor to the U.S. Delegation to the United Nations General Assembly, 1951-53; as legislative assistant to U.S. Senator Neuberger, 1955-58; and as Professor of Law at the University of Oregon, 1954, 1959-1976.

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