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John B. OakesJohn B. Oakes
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we probably do have to have outside directors, I would think this could at least to some degree have been solved by getting outside directors who don't have, who aren't intimately connected with businesses or operations that we are so likely to be on a position of criticizing, commenting on, and now-

I admit that since we, as the editorial page of the New York Times, at least under my regime, were likely to be critical and to be commenting, to be critical of and to be commenting on practically every institution under the sun, profit or nonprofit. I admit, I don't know how one could get an outside director who wouldn't potentially have some of that conflict. I don't pretend this is an easy problem. Obviously the best answer would be not to have outside members.

Q:

We are now recording.

Oakes:

Well, this is an issue that I haven't so far really discussed with you, but it was an important, very important issue - the question of fair trial versus free press, that of course is still an important and unsettled issue, between newspapers and the courts and the whole judicial process, basically the question of how far newspapers can go, under the First Amendment, in writing about trials, pre-trial testimony, confessions, all kinds of matters affecting the trial procedure, how much a newspaper can write about this and still not destroy the defendants' right to a fair trial.

It's all encompassed under the general heading, fair trial and the free press. Now, this issue burst out with some force in the late sixties, and it has been an increasingly



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