COM 365/665: Journalists,
the Courts, and the Law
Ron Bishop, Ph.D.
Department of Communication
Drexel University
Tendencies in Current Coverage
The “Crime of the Century” tendency, not to be confused
with the “Trial of the Century” tendency.
Blowing procedural happenings way out of proportion.
“Parachuting” in to cover a trial as opposed to regular
courthouse coverage.
Turning every confirmation hearing into a political litmus
test based on someone’s paper trail.
Tendencies in Current Coverage
Stoking the “originalist v. living document” fight over the
U.S. Constitution.
Focusing on the deep pockets and huge verdicts.
Making it seem we’re super-litigious.
Ignoring cases that can’t be made sensational.
And then there’s Nancy Grace…
Tendencies in Current Coverage
Tendencies in Current Coverage
The U.S. Legal System
Predictable and orderly
A contest of adversaries
Operates hierarchically
The most compelling search is the search for authority.
Procedure is crucial, often decisive.
Precedent controls
Ideas from outside the law find their way in.
Suits are self-contained.
Conflicting Philosophies
The journalist can’t always take time to get to know subject
before writing.
The lawyer won’t risk letting the journalist draw quick conclusions.
The journalist often tells a story by moving from most
significant to least significant – and by, well, telling a story.
The lawyer builds a case the other way around.
Conflicting Philosophies
The journalist wants to have immediate impact on the
audience.
The lawyer wants a well thought-out decision from the courts, one that
usually comes after a significant chunk of time.
The journalist looks for the novel.
The lawyer builds a case on the familiar.
The journalist is fascinated by the illogical.
The lawyer tempers emotions with logic.
Thoughts on Covering Courts
It’s a game, with both sides doing all they can to win.
Don’t be thrown by the symbolism, the grandeur, the robes.
Never put faith in a lawyer until you know him or her well.
A judge’s word may be law, but it’s not gospel.
Truth and justice do not always prevail.
Thoughts on Covering Courts
Two main sources: records and people.
Learn the language, follow the process, chart the cases, talk
to attorneys, check earlier coverage.
Watch out for the media-savvy, politically ambitious
attorneys and image-obsessed judges.
ALWAYS get to know bailiffs, marshals, clerks, and
secretaries.
It’s Public Property
In Craig v. Harney (1947), the Supreme Court says what
happens in court is public property.
Courts can’t censor or edit what goes on in cases brought
before them.
No limit on the reporter’s obligation to uncover and report
on what’s going on, whether the case is closed or open.
Recognize, though, that there are limits: family court cases,
for example, or some civil cases.
Criminal cases are always our business – usually revolve
around a violation of a law designed to protect us.
The Judicial System
52, actually. Federal, state, municipal/local.
13 U.S. Courts of Appeal, 94 federal district courts.
Case movement: usually trial, then appellate.
Courts interpret the law (legislatures make it, executive branch
enforces it).
On appeal, no new facts are gathered.
Terms to know: affirms, overturns, remands, removes
Civil v. Criminal
Civil actions are initiated by an individual, often against
another individual or organization for damages.
Criminal actions are brought by the government on our
behalf (“the people”) for violation of a criminal statute.
One State’s Court Structure
And Another’s (Georgia)…
Closer to home…
Our Federal Courts
Our Federal Courts
Telling the Players…
Captions and Citations
Gitlow v. New York, 268 U.S. 652 (1925)
Parts of an Opinion
Author (the judge)
Facts of the Case
Law of the Case
Disposition (decision)
Concurring/dissenting opinions
Look for the following…
A careful understanding of the facts.
An understanding of the arguments.
An understanding of the result and reasoning
Possible impact of the decision.
What’s a Docket?
At the High Court…
Textualism: If the Constitution didn’t explicitly create a right,
it doesn’t exist; its meaning was set for all time when it was
created.
Originalism: The Constitution has to be interpreted as they
were understood by the Framers
Unenumerated Rights: Even if a right didn’t appear, judges can
draw on implications of Constitutional provisions, prior
decisions, and our evolution as a society to expand our
liberties.
At the High Court…
“If we cannot share every intellectual assumption that
formed the minds of those who framed the charter, we can
still address the constitutional uncertainties the way they
must have envisioned, but relying on reason, respecting all
the words the Framers wrote, by facing facts, and by seeking
to understand their meaning for living people.”
- Former Supreme Court Justice David Souter
Basics of a Civil Case
Plaintiff selects correct jurisdiction.
Files a complaint which includes claims and damages sought.
Defendant served with summons; has to answer by set
deadline.
Depositions are taken.
Pre-trial conference held.
At trial, arguments heard from both sides.
Judge instructs the jury.
Basics of a Civil Case
Jury deliberates, returns with a verdict.
Judge enters a judgment.
Appeal follows if one side isn’t happy.
My Civil Case Story
Who sued; who’s being sued; when the suit was filed.
All the parties to the suit.
What caused the plaintiff to sue?
Explanation of damages sought.
Brief look at precedent; could this case lead to a landmark
decision?
Defendant’s answer (if filed).
Possibility of settlement?
Trial date set?
My Civil Case Story
Attribute carefully: “According to the complaint filed by Dr.
Zachary Smith, the Jupiter 2’s crew was a rowdy, inefficient
bunch…”
Comments from attorneys to explain their filings; include
name/location of firm, firm specialty.
Keep the legal-speak and chronology to a minimum; quote
carefully from documents.
How has court/judge ruled on cases like this in the past?
Complaint Story
Members of a Phoenix family critically injured May 10 by a
natural gas explosion in their apartment have filed a $92 million
suit in Maricopa County Superior Court.
Georgia Crawley filed suit May 20, claiming the explosion that
ripped through her apartment a 6565 N. 17th Street was caused
by a deteriorating gas delivery line. She contends Arizona
Public Service Co. knew about the problem, but failed to correct
it.
Motion to Dismiss Story
The nation’s largest snow globe maker Monday moved to
dismiss a $15 million lawsuit by a former engineer who claims
he was fired in 2008 because he was too old.
The attorney for BriCol, Inc., Susan Whitehall, argued in
documents filed in Philadelphia federal court that Nick Sullivan
was fired for subpar performance, not because of his age.
Motion to Dismiss Story
Sullivan claims a BriCol executive told him he did not fit the
young, aggressive image the company is cultivating. Sullivan,
60, was replaced by Ernest Allen, 28.
In his complaint, filed December 28, Sullivan argues his
termination violated the federal Age Discrimination in
Employment Act (ADEA).
Whitehall said in an interview on Tuesday that Sullivan was
fired “because his performance had deteriorated steadily.”