What is the current state of the law on publication of the names of nine prosecution witnesses in a sexual assault case?

California, United States of America


The following excerpt is from Sun Co. of San Bernardino v. Superior Court, 105 Cal.Rptr. 873, 29 Cal.App.3d 815 (Cal. App. 1973):

In applying the clear-and-present danger test to the order under review, we must decide whether the prohibition against publication of the identities of the nine prosecution witnesses may be justified in the interests of a fair trial, and whether solid evidence exists (see Wood v. Georgia (1962) 370 U.S. 375, 393--395, 82 S.Ct. 1364, 8 L.Ed.2d 569, 582--583) to establish that this limited prior restraint on publication was necessary in order to guarantee a fair trial.

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