Pre-trial publicity principles and the court's inherent jurisdiction to order takedown of online publications do not extend to protect convicted persons whose appeals are undetermined, because there is no pending criminal trial and no present right to a fair trial. A convicted person's conviction is not provisional, and the possibility of a retrial following a successful appeal is insufficient to enliven the jurisdiction. Even where a retrial is possible, the speculative nature of the risk, the passage of time, the volume of existing public material, and the capacity of trial directions to address prejudice will weigh heavily against the making of such orders.
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