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4 ——— orw"Ry FRED P. GRAHAM ] Restrictions | on—Prejudicial | Crime ‘Reporting Ave- Predicted © + Speciel to The New York Times | MONTREAL, Aug. 6—The' freedom of the press of the! United States to printing preju-: dicial arti about criminal. defendants may scon come to’ an end, a constitutional law, expert said tng Prof, Arthur #. ‘Sutherland of Harvard Law School made his prediction in a talk to trial judges from the United States, who are here for the 59th con- vention of the American Bar Association next week. He said that the Supreme Court's recent decision reversing the murder conviction of Dr. Samuel H. Sheppard might be “a crack in the armor" of the press's freedom to pst what it wishes a about a m. acing trial. Since the Supreme Court has never rule i “this point, he urged the trial judges te “step into the fray"! and as- sert power to punish news- papers for contempt if they print prejudicia! articles, In the Sheppard decision, the High Court blamed the trial judge for failing to insulate the jury from the prejudicial pub-, licitty, but Professor Sutherland. said the decision implied that’ judges had the power ta con- trol “outside influences” that might prejudice the trial. Notes Clark Opinion He called attention to the! following passage from Justice; Tom C. Clark's opinion in the’ Sheppard case: : “If publicity during the pre-: ceedings threatens the fairness of the trial, a new trial should be ordered. But we must re-] member that reversals are but fpalliatives; the cure lies in those remedial measures that will prevent the prejudice at its inception. The courts must take such steps by rule and regula- tion that will protect i - eter Prom prejudicial outside interference.” Professor Sutherland men-: tiqned parpicularly paemefey“of confessions and previous convic- tions, when nejther may be ad- mitted as evidence. In aspousing the adoption of «system similar to the one ‘used in England, in which cases, cf > wie? they unfold in court, Professor ies d champiofei7Ttm sition of another Harvard aw professor, Supreme Court Justice Felix Frankfurter. During the 1940's the High Court ruled three times that the First Amendment's free- dom of press guarantee pro- |hibited judges from Punishing jnewspaper that criticized the conduct of pending cases, Frankfurter Dissent Justice Frankfurter was the lone member of the court who insisted that a judge could snevertheless punish journalists ‘for printing prejudicial articles about crim defendants, Fred inson Jr. Assistant Tal 0 é United ‘States in charge of the criminal. division, told a meeting of state bar officials that the public in- terest may require publication of certain information ut crimina] suspects, He cited the case of REG F. Speck, who was identified by the police as the man who mur- dered eight nurses in Chicago last month, presumably in an effort to apprehend him. My. Vinson said Federal law enforcement officials would not initiate prejudicial news stories, but would release a suspect's record of convictions upon re- quest. At the final session of the Conference of Chief Justicés, the delegates, representing 47 states and Puerta Rico, yoted down a resolution sharply criti- cal of the Supreme Court's re- cent decisions limiting police in- terragation. eote—icht votes WEre ¢ast: in favor of the resolution, which was p med by Chief Justice treet] Jr. of the ay! | Ngiiae-Supreme Court. | Although many of the justices jhad been critical of certain as-! pects of the high court's con-| fessions doctrine during ‘the! group’s discussions, they said: e not prepared ‘to at-/ ack the court in stro , until *he decision’s effects jaw! enforcement became k#ewr=" The chief justices indicated their concern at recent distur- banees in city slum areas by condemning “all forms of dis- fespect for Jaw by both individ- ‘tals and groups,” calling “the ule of law the only alternative fto a lawless society." erent rthe suggestion “Orit 4 \: af a , \s tg 42 ( Jenne oat BeLoach Mohr Wick Casper Callahan Conrad Felt Gale Rosen Sullivan Tavel Trotter Tele. Room Holmes Gandy Juatice Joseph intraub of New Jersey. who said “many groups ard individuals Just don't et attention until they do the wrong thing, the justices added, toqiheir resolution the state+ melit that government had a dau “to deal promptiy and , fai with the claimed griev-- jandé&s of the citizens.” : Cael we 7 —_ Zo 60 eS } naa , A a am NO “SUN TN GT DR “A geet a The Washifgrot Post and Times Herald The Washington Daily News The Washington Evening Star ___ New York Daily News New York Herald Tribune . New York Post The New York Times New York World Journal New York World Journal Tribune The Baltimore Sun The Worker The New Leader The Wall Street Journal The Nationa) Observer People’s World Date _____ uf : 4\ Ne ” "97 (1966