Television in the courtroom: mightier than the pen?

• Author: Matsch, Richard P.
• Position: 1999 Survey of Books Related to the Law

TV OR NOT TV: TELEVISION, JUSTICE, AND THE COURTS. By Ronald L. Goldfarb. New York: New York University Press. 1998. Pp. xxiv, 238. $24.95.

In his Introduction, author Ronald L. Goldfarb(1) explains that his purpose is to address all the arguments advanced against televised trials, cover the points made by proponents of televised trials, and find a sensible solution to what he believes is the fundamental issue: "How can we best blend new media technologies with our traditional and revered commitment to democracy and justice?" (p. xxiv). He ends the book with this prospective paragraph:

I expect that all the courtrooms of the future -- state and federal, trial and appellate -- will be equipped with cameras. I suggest that all trials should be available for broadcast -- as is generally the case in most states. A publicly run, noncommercial channel, like the one in Washington state, would present all proceedings, pursuant to legal rules. Future viewers, on their sophisticated new home or office "instruments" (a new-breed computer screen or television set), could tune into any case anywhere, anytime. The archival record of all trials would be available to the public. The right to oppose the broadcast of any trial should be available to a defendant, witness, juror, or participating lawyer. The circumstances under which a judge could grant such a request could be set by the legislature or the court system itself, but all guidelines and limitations on the general presumptive constitutional right to publicize public proceedings would have to be determined ultimately by the Supreme Court. The visibility of the judicial system is in the public interest and in the overall interests of justice. [p. 188] Mr. Goldfarb's journey to this conclusion begins with recounting "excessively publicized criminal trials" (p. 3) in this country's history, from the libel case of John Peter Zenger to the murder trial of O.J. Simpson (pp. 3-15). Unusual public interest in many of the cases was due to the preexisting celebrity status of the victim or the accused. For example, the fame of the advocates and the clash of cultures made the Scopes trial the center of national attention (pp. 7-8). Most often, the subject matter of the case provided the opportunity for the press to appease the public's prurient or morbid interest. The transformation of notable trials into notorious events thus occurred long before the advent of television technology.

The tension between the societal values of a free press and a fair trial is explored with objectivity in the Second Chapter. The protective procedures of continuance, change of venue, voir dire, and jury instructions are fairly described together with the corrective procedures of mistrial, reversal of conviction, and orders for new trial. The principal Supreme Court cases addressing these conflicting constitutional rights are accurately summarized.

The book provides a comprehensive review of the development of televised trials in state courts after the Supreme Court's ruling in Chandler v. Florida,(2) rejecting any...