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To what extent should media coverage of criminal court proceedings be permitted? The central issue is how to strike a balance between the public's right to information and the individual's right to privacy. Freedman reviews the underlying legal principles and constitutional issues and describes important case law. He analyzes situations in which photographing, broadcasting, and televising in the courtroom are currently allowed and examines the relationship between the presence of media equipment during criminal trials and the actions of trial lawyers. The issue of media coverage as it relates to civil trials is also addressed, and British practices regarding press and media coverage of court proceedings are offered for comparison. Legal Information Alert Freedman here presents a comprehensive discussion of an issue of growing importance to both the legal profession and the communications industry: the extent to which media coverage of criminal court proceedings should be permitted. As Freedman points out, the central question is how to strike the appropriate balance between the public's right to information and the individual's right to privacy. In Press and Media Access to the Criminal Courtroom, he reviews the underlying legal principles and constitutional issues, describes the important cases that have shaped current legal thinking, and provides citations of the applicable case law.
News coverage of law can be a daunting task for any journalist, especially in a time when public interest in media coverage of the courts has greatly intensified. The second edition of Covering the Courts provides the most up-to-date resources for journalists and students. Detailed descriptions of each step of the judicial process along with tips from top journalists allow for a comprehensive analysis of courtroom activities. This handbook also addresses the complex issues surrounding the free press/fair trial controversy, pre-trial publicity, and the various types of news coverage allowed across the country. New discussions include recent high-profile trials such as US v Microsoft, the 2000 presidential election, and cases relating to the terrorist attacks of 9/11. This book is a substantial resource for journalism students and journalists covering the modern legal system.
The essays discuss the restrictions imposed by contempt of court and other laws on media freedom to attend and report legal proceedings. Part I contains leading articles on the open justice principle. They examine the extent to which departures from that principle should be allowed to protect the rights of parties, in particular the accused in criminal proceedings, to a fair trial, and their interest in being rehabilitated in society after proceedings have been concluded. The essays in Part II examine the topical issue of whether open justice entails a right to film and broadcast legal proceedings. The articles in Part III are concerned with the application of contempt of court to prejudicial media publicity; they discuss whether it is possible to prevent prejudice without sacrificing media freedom. Another aspect of media freedom and contempt of court is canvassed in Part IV: whether journalists should enjoy a privilege not to reveal their sources of information.
USE THIS FIRST PARAGRAPH ONLY FOR GENERAL CATALOGS... The First Amendment right of free speech is a fragile one. Its fragility is found no less in legal opinions than in other, less specialized forms of public discourse. Both its fragility and its sometimes surprising resiliency are reflected in this book. It provides an examination of how the U.S. Supreme Court has dealt with the problem of restrictions on media coverage of the criminal justice system, as well as how lower courts have interpreted the law created by the Supreme Court. The author explores the degree to which the Court has created a coherent body of law that protects free expression values while permitting reasonable government regulation, and examines the Supreme Court's jurisprudence concerning prior restraints, post-publication sanctions on the press, and their right of access to criminal proceedings. This is a study of the evolution of constitutional doctrine -- particularly when transported from the rarefied air of the Supreme Court to lower court judges who may not share the values of the jurists above them in the judicial hierarchy. The book's greatest strength lies in its thorough analysis and critique of how judges apply First Amendment doctrine to the complex problem of providing for both a "free press" and "fair trials." Much of the available literature on this topic focuses on legal doctrine, but with attention to the legal rules that emerge from the courts, rather than examining and critiquing the judicial techniques that produce those rules. Moreover, although a significant body of scholarship has explored Supreme Court doctrine, this work is one of the few that trace the influence of those doctrines through lower federal court decisions. The hope is to produce a reasonably accurate -- if partial -- picture of how intermediate appellate and trial courts use U.S. Supreme Court doctrine to decide First Amendment cases. Note: This book is necessarily influenced by the 'round-the-clock' press coverage of the recent O.J. Simpson trial. Although the Simpson case did not make new law, the trial and its outcome seem to be -- at this writing -- an inescapable part of how many people think about these issues. The simple truth, however, is that the Simpson case was an anomaly that has little relation to the everyday concerns of media coverage of the criminal justice system. While the venerable "parade of horribles" can be an effective strategy for the legal advocate, it is not always the ideal way to address larger concerns, particularly when fundamental rights are at stake.
Covering the Courts shows how writers and journalists deal with present-day major trials, such as those involving Timothy McVeigh and O.J. Simpson. The volume features such outstanding contributors as Linda Deutsch and Fred Graham, and provides an in-depth look at the performance of the court in an age of heightened participation by reporters, camera operators, social scientists, major moguls of network radio and television, and advocates of special causes.The volume does far more than discuss specific cases. Indeed, it is a major tool in the study of the new relationships between a free press and a fair trial. Interestingly, a consensus is described in which the parties involved in efforts to balance freedom of the press and the right to a fair trial are moving in tandem. In this regard, sensitive issues ranging from the universality of law to the particularity of racial, religious, and gender claims, are explored with great candor.The volume also turns the intellectual discourse to its major players: the members of the press, the lawyers, and the judiciary. Has there been a shift from reporting functions to entertainment values? Does television and live presentation shift the burden from the contents of a case to the photogenic and star quality of players? What excites and intrigues the public: serious disturbances to the peace and mass mayhem, such as the Oklahoma bombings or sexual adventures of entertainment and sports figures? The findings are sometimes disturbing, but the reading is never dull. This book will be of interest to journalists, lawyers, and the interested general public.This volume is the latest in the Transaction Media Studies Series edited by Everette E. Dennis, dean of the school of communication at Fordham University. The volume itself is edited by Robert Giles, the editor, and Robert W. Snyder, the managing editor, of Media Studies Journal. The original contributions were initially presented at The Freedom Forum and its Media Studies Center.
This book is the first comprehensive analysis of the free press-fair trial debate over news cameras in the courtroom--one that discusses the issue from a historical, legal, and social scientific perspective. It incorporates the key aspects of the debate in one volume, examining witness privacy and protection, defendant reputation, the purported educational benefits of televising trials, the coverage of trials from an entertainment or voyeurisitic perspective, and whether any proposed benefits of televising trials are negated by potential negative costs to the participants involved or the audience in general.