THE AUTHOR, SUPPORTING THE DEFENDANT'S RIGHT TO A FAIR TRIAL, CHRONICLES INSTANCES OF MEDIA ABUSE SUCH AS THE COVERAGE OF THE TRIAL OF BRUNO RICHARD HAUPTMANN FOR THE KIDNAP-MURDER OF THE LINDBERGH BABY, AND THE SAM SHEPPARD MURDER CASE IN CLEVELAND. THE SUPREME COURT DECISIONS WHICH COUNTENANCED THESE ABUSES, THE SO-CALLED 'BENIGN NEGLECT' DOCTRINE, BEGAN TO CHANGE IN MARSHALL V. U.S. IN 1959. THE 1961 IRWIN V. DOWD AND THE 1963 RIDEAU V. LOUISIANA DECISIONS MARKED A SHIFT IN THE COURT; THE NEW DOCTRINE WAS ONE BASED ON A DUE PROCESS CONCEPTION OF THE RIGHT TO A FAIR TRIAL. THE SAM SHEPPARD CASE REACHED THE SUPREME COURT IN 1966 IN THE FORM OF A HABEAS CORPUS WRIT--SHEPPARD V. MAXWELL. IN REVERSING HIS CONVICTION THE COURT, HAVING DEMONSTRATED AN INCREASING SENSITIVITY TO DUE PROCESS CONCERNS, SUGGESTED MEANS BY WHICH A TRIAL COURT SHOULD AFFIRMATIVELY ACT TO PREVENT PREJUDICIAL PUBLICITY RATHER THAN TO REMEDY ITS EFFECTS. THE SUGGESTION BY THE COURT THAT TRIAL JUDGES SHOULD (AND COULD) PROHIBIT THE RELEASE OF INFORMATION TO THE PRESS BY WITNESSES, COUNSEL, AND POLICE OFFICERS PROVIDED THE PRECEDENT FOR GAG ORDERS. THUS, THE AUTHOR CONCLUDES, THE VERY JUDICIAL ORDER UNANIMOUSLY STRUCK DOWN BY THE COURT IN NEBRASKA PRESS ASSOCIATION V. STUART IN 1976 WAS ACTUALLY PROPOSED BY THE COURT IN SHEPPARD V. MAXWELL IN 1966. THIS ARTICLE IS PART OF A SYMPOSIUM ON THE FREE PRESS/FAIR TRIAL CONFLICT (NCJ-41564-41574)..MSP