Who Watches the Watchdog?
FREE PRESS OR A FAIR TRIAL
Roadmap/Introduction
 How Media affect Democracy
 Political, economic and cultural impacts
 Now to legal system
 Democracy common denominators
 rule of law
 Query
 Consistency of law and application
 Ensure government accountability-remedy for
failure to abide by own laws
Roadmap/Introduction
 Rule of Law and the Effect of Media
 Tension between constitutional guarantees
 Freedom of the press VS criminal defendant right
to a fair/unbiased trial
 Technology expands reach of media, tension
grows
 Isolate the tension and see what, if anything
can/should be done
 Nancy Grace as Example
Focus Questions
1. In today’s mediated world, can a
criminal defendant get a fair and
unbiased trial?
2. If a defendant CANNOT get a fair
and unbiased trial should/can we
restrict the press to ensure
defendants’ rights are protected?
LECTURE: CONSTITUTIONAL AMENDMENTS
THREE CONSTITUTIONAL AMENDMENTS
FROM BILL OF RIGHTS IMPLICATED
I KNOW EVERYONE IS FAMILIAR WITH THIS
ONE…..
Freedom of the Press
FIRST AMENDMENT
 GUARANTEES?
 CAN ANYONE VENTURE A GUESS AS TO
THE SECOND TWO?
Sixth Amendment
 Speedy trial
 Public trial
 Impartial trial of one’s peers




(district)
Informed of charges
Confront witnesses
Call witnesses (subpoena)
Counsel
5th Amendment
 Due Process of Law—Rule of Law




Grand jury
Self incrimination
Double jeopardy
Right to be silent
The core meaning of the Due Process
Clause is that laws protecting life,
liberty, and property must be
protected by all branches and
officials of the government”
Contradictions?
First
Sixth
Fifth
Amendment Amendment Amendment
Congress shall
make no law
restricting
freedom of the
press
…impartial jury of
one’s peers
…shall not be
deprived of life,
liberty, property
…right to confront without due
those who bear
process of law
witness against
Freedom of the Press
 Nancy Grace
Nancy Grace
 Who thinks Caylee Anthony is guilty
 Why?
 Memo as inadmissible under work product
 Prosecutor’s leaks
 Sensationalist negative portrayal
 Sam Sheppard-exculpatory evidence
Focus Questions
1. In today’s mediated world, can a
criminal defendant get a fair and
unbiased trial?
2. If a defendant CANNOT get a fair
and unbiased trial should/can we
restrict the press to ensure
defendants’ rights are protected?
Where is the line?
 Whether the media still maintains the
absolute right to disseminate based on the
First Amendment right to freedom of speech?
 CSI effect
 Violation of due process
 Media dictating judicial outcome
 Rule of law