Estes v. Texas

Estes v. Texas, 381 U.S. 532 (1965), was a case in which the United States Supreme Court overturned the fraud conviction of petitioner Billy Sol Estes, holding that his Fourteenth Amendment due process rights had been violated by the publicity associated with the pretrial hearing, which had been carried live on both television and radio. News photography was permitted throughout the trial and parts of it were broadcast as well.

Estes v. Texas
Argued April 1, 1965
Decided June 7, 1965
Full case nameBilly Sol Estes v. Texas
Citations381 U.S. 532 (more)
85 S. Ct. 1628; 14 L. Ed. 2d 543
Holding
The televising over petitioner's objections of the courtroom proceedings of petitioner's criminal trial, in which there was widespread public interest, was inherently invalid as infringing the fundamental right to a fair trial guaranteed by the Due Process Clause of the Fourteenth Amendment.
Court membership
Chief Justice
Earl Warren
Associate Justices
Hugo Black · William O. Douglas
Tom C. Clark · John M. Harlan II
William J. Brennan Jr. · Potter Stewart
Byron White · Arthur Goldberg
Case opinions
MajorityClark, joined by Warren, Douglas, Harlan, Goldberg
ConcurrenceHarlan
DissentStewart, joined by Black, Brennan, White
DissentWhite, joined by Brennan
DissentBrennan
Laws applied
U.S. Const. Amend. XIV

There was no doubt that the Court was displeased with the intensive pretrial and trial coverage, but its biggest concern was the presence of cameras at the two-day-long pretrial hearing. It included at least 12 still and television photographers, three microphones on the judge's bench, and several aimed at the jury's box and attorney's table. When it was time for the trial to be held, it was moved about 500 miles away and the judge had imposed rather severe restrictions on press coverage. However, the justices did mark the notion that cameras would return to courtrooms eventually:

It is said that the ever-advancing techniques of public communication and the adjustment of the public to its presence may bring about a change in the effect of telecasting upon the fairness of criminal trials. But we are not dealing here with future developments in the field of electronics. Our judgment cannot be rested on the hypothesis of tomorrow but must take the facts as they are presented today." The Supreme Court ruled in Chandler v. Florida, 449 U.S. 560 (1981) that a state could allow the broadcast and still photography coverage of criminal trials.

See also

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