Reporting on the Judiciary Chapter 8

The Media and the Judiciary  First Amendment  Free Press/ Free Speech Chapter 8Reporting on the Judiciary  Sixth Amendment  Public Trial  Speedy Trial  Trial with Impartial Jurors [fair trial]

The Contempt power Chapter 8Reporting on the Judiciary Criminal Contempt

Civil contempt (more a chapter 9 issue) Chapter 8Reporting on the Judiciary The Contempt Power

Trial Judges’ Burden of Proof  Balance Competing Rights  Closures, Gag Orders Appealable  The “Fugitive” case  Sheppard conviction overturned  Trial judge scolded Chapter 8Reporting on the Judiciary Dr. Sam Sheppard TV, movie “fugitives” confront the notorious “one armed man”

Newsday permitted to run this “perp pic” of Roger Corbin Chapter 8Reporting on the Judiciary

Traditional Remedies  Continuance Chapter 8Reporting on the Judiciary

Traditional Remedies  Change of Venue (or venire) Chapter 8Reporting on the Judiciary

Traditional Remedies  Sequestration Chapter 8Reporting on the Judiciary

Voir Dire  Jurors need not be ignorant, just fair  Challenges allowed Chapter 8Reporting on the Judiciary  For Cause  Peremptory

Gag Orders & Media: Nebraska Press rule  Murder trial in small town in Nebraska  Sup Ct unanimously invalidates gag order  Requirements for gag orders:  Clear danger to trial fairness  Narrowly Tailored  Not too late Chapter 8Reporting on the Judiciary

Gag order upheld to prevent CNN broadcast of conversations between Noriega and attorney Chapter 8Reporting on the Judiciary

Dickinson Rule (“collateral bar” rule) Chapter 8Reporting on the Judiciary If you don’t like my ruling, appeal it, don’t dare disobey it. it

Gag orders not aimed at reporters  Usually OK for lawyers  LESS acceptable if aimed at:  witnesses  jurors  litigants themselves Chapter 8Reporting on the Judiciary No courthouse steps press conferences, understand?

Trial Closing Chapter 8Reporting on the Judiciary

Richmond Newspapers test  4th trial of murder suspect  Defendant himself asked for closure  Supreme Court invalidates the closure  Closure must be necessary  “Overriding interest, articulated in findings”  Traditional measures won’t work Chapter 8Reporting on the Judiciary

Closing Pretrial Hearings Chapter 8Reporting on the Judiciary

Gannett v. DePasquale  Suppression Hearing  Defendant wanted it closed  5-4 Court upholds  6th Amendment is for ACCUSED  Might be First Amendment issue Chapter 8Reporting on the Judiciary

Press Enterprise v. Superior Court I  Voir Dire  Rape/Murder with racial overtones  State wants hearing closed  Juror Privacy  Candor needed for Fair Trial  Supreme Court rules for newspaper  Burger explains value of openness Chapter 8Reporting on the Judiciary

Waller v. Georgia  Suppression hearing  Closure was Improper  Importance of suppression hearing  Usually the ONLY “trial”  Equity for defendant? Chapter 8Reporting on the Judiciary

Presley v Georgia Chapter 8Reporting on the Judiciary Voir Dire Suspect’s 6 th Amendment Rights sufficient for opening

Press Enterprise v. Superior Court II  California Preliminary Hearing  Very similar to actual trial  Closure was improper  Emphasis again on trial judge “burden of proof” Chapter 8Reporting on the Judiciary

Lower courts apply Press Enterprise II Chapter 8Reporting on the Judiciary Preliminary hearings Motions to disqualify Bail, Plea, Sentencing Competency Hearings Deportation Hearings

Access to Judicial Documents Chapter 8Reporting on the Judiciary Trial Judges’ “burden of proof” still applies

Anonymous Juries case law mixed Chapter 8Reporting on the Judiciary

TV in Court: Estes v. Texas  Inherently violative of 6th Amendment Chapter 8Reporting on the Judiciary

TV in Courts: Chandler v. Florida  No longer inherently a violation  Technology is less intrusive Chapter 8Reporting on the Judiciary

TV in Court: Current Situation  Most states permit it  Trial judges’ discretion in most states  Federal courts usually exclude cameras  Judges beginning to allow live tweets, blogs from courtroom Chapter 8Reporting on the Judiciary

Next battlegrounds– TV in Sup Ct Chapter 8Reporting on the Judiciary See some of the justices' views on cameras at oral arguments

Next battlegrounds— Televise Executions? Chapter 8Reporting on the Judiciary