Final answer:
Essential rights like the right to a fair trial can conflict with the right to a free press, particularly when a trial could be prejudiced by media coverage. The First Amendment protects press freedom but is not absolute, allowing for constraints to maintain other rights and public safety, as well as differing regulations for broadcast media due to limited public airwaves.
Step-by-step explanation:
The conflict between the right to a fair trial and the right to a free press arises when the media's publication of information may prejudice the fairness of a trial. The freedom of expression, including freedom of the press, is protected under the First Amendment, as seen in landmark cases such as Near v. Minnesota and the Pentagon Papers case. However, this right is not absolute, and there are instances where the government can impose certain regulations to ensure other fundamental rights, like fair trials, are not compromised.
For instance, while journalists have a significant degree of freedom to report news, there is an exception in cases like Branzburg v. Hayes, where if called to testify, a reporter may be required to divulge confidential sources. Additionally, the press cannot engage in libel, slander, or publish information that may threaten national security or public safety.
The government also exercises regulatory powers through the Federal Communications Commission (FCC) over television and radio broadcasting. This is different from print media because the airwaves are considered a limited public resource, so broadcast media must comply with certain rules, such as the provision of equal time for political candidates and restrictions on indecent programming during certain hours.