Balancing the Scales:
Freedom of Speech and the Right to a Fair Trial

Carey v. Musladin, 549 U.S. 70, 127 S. Ct. 649 (2006)
A defendant in a murder trial is not deprived of his Sixth Amendment right to an impartial jury if courtroom spectators wear buttons showing a picture of the deceased.

Background

Free speech and fair trial issues come to the Supreme Court in many ways. This case asks students to separate emotions from reason when they decide the following question: If the friends and family of a murder victim sit in the trial of the alleged murderer wearing buttons printed with a picture of the deceased, does that prejudice the jury and risk depriving the defendant of his Sixth Amendment right to an impartial jury?