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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
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-
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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