"Citizen-soldiers" or anonymous justice: reconciling the Sixth Amendment right of the accused, the First Amendment right of the media and the privacy right of jurors

Article Abstract:

The issue of media access to information about jurors requires balancing three classes of rights: the accused's right to a fair trial under the Sixth Amendment, the media's First Amendment rights and the jurors' privacy rights. State and federal courts have been inconsistent in their attempts to balance these rights. The rights should be weighted differently at pre-empanelment, trial and post-trial stages. Fair trial rights are most important before the trial, whereas jurors' privacy rights should be respected at pre-empanelment and post-trial stages. The media's access rights increase during the trial.

Media coverage, Free press and fair trial, Pretrial publicity, Right to fair and impartial trial, Jury, Juries

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Reining in the national drug testing epidemic

Article Abstract:

The US Supreme Court's 1997 decision in Chandler v. Miller correctly stuck down a Georgia statute mandating drug tests for state office candidates as a violation of the 4th Amendment. The Court erred in not distinguishing its prior cases and particularly in not overruling 1989's National Treasury Employees Union v. Von Raab. Clarity of 4th Amendment doctrine regarding drug-testing requires the Court to eliminate from purview the factually substantially similar Von Raab.

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Suspicionless drug urinalysis of public school teachers: the concern for student safety cannot outweigh teachers' legitimate privacy interests

Article Abstract:

The author discusses the US 6th Circuit Court of Appeals decision in Knox County Ass'n of Educators v. Knox County Board of Education, rejecting a 4th Amendment challenge to mandatory drug testing of public school teachers and other employees. Topics include the question of whether teachers hold safety-sensitive positions.

United States, Teachers

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