Gag the Courts

I for one am getting sick and tired of courts in this country issuing "gag orders" that prevent parties, witnesses and lawyers from talking to the press. The judge in the Kobe Bryant rape case widened his gag order yesterday to cover the victim's lawyers and colleagues of the trial lawyers. What this means is that, once again, the media will not be permitted to talk to the folks who know best what's going on in the case.

The rationale always given for these kinds of restrictions is that they are necessary to a "fair trial." Yes, trials must be fair. But if there really are people who would decide a case based on TV and media reports, then they should be kept off the jury in the first place. Every survey I have seen says that juries are extremely conscientious and almost always come up with the right result, regardless of what the media circus reports.

There's no conflict between fair trial and the First Amendment. Only between luddite judges and the First Amendment.

 Posted by glenn