[1][2] In 1971 the Supreme Court ruled in New York Times Co. v. United States that gag orders, viewed as form of prior restraint are presumptively unconstitutional.

[4] After defendant Erwin Charles Simants was detained by law enforcement, there was a high level of media coverage of the criminal justice proceedings.

[5] The attorney for the defendant, in addition to the prosecutor handling the case, requested the state court system in Nebraska reduce the intensity of the reporting on the incident due to a concern over neutral jury selection.

[6] Nebraska state trial judge Hugh Stuart entered an order restraining members of the press from publishing or broadcasting accounts of confessions made by the accused to the police.

[6] Burger noted, "The press does not simply publish information about trials but guards against the miscarriage of justice by subjecting the police, prosecutors, and judicial processes to extensive public scrutiny and criticism".

[6] Burger critically analyzed whether the trial court would even be able to maintain the status of its prior restraint order, external to its specific jurisdictional locale.

[9] Siegel pointed out, "Chief Justice Burger emphasizes that the juror selection process has traditionally been considered a public event and that this openness serves important societal functions".