Thread:Comments:Scottish Justice Secretary 'acutely aware of unusual publicity' in Kular case/UK & Commonwealth tradition v. US laws/reply (15)

Fairly accurate (although, I'd defer to BRS on that). The point is to allow a jury to be sequestered without undue influence from publicity around the accused.

The other problem, which I've observed several displays of around this case, is people advocating mob justice. I'd never advocate going as-far as, say, France does in their advocacy of a right to privacy trumping the public interest. This case is an individual, and not a government minister or employee.

Crtew, you've cited case-types in arguing for publication where I, and I'm sure others, would seriously consider public interest trumping any legal constraints that might exist. I don't think this is anything like such.

The analogy in US law would probably be the oft-quoted "shouting fire in a crowded theatre". In any case, the odds of us obtaining an image and being able to publish such along with the name of the accused make this more of an academic debate. I'll leave "How free is Free Speech" to philosophers.