ABSTRACT

The essays discuss the restrictions imposed by contempt of court and other laws on media freedom to attend and report legal proceedings. Part I contains leading articles on the open justice principle. They examine the extent to which departures from that principle should be allowed to protect the rights of parties, in particular the accused in criminal proceedings, to a fair trial, and their interest in being rehabilitated in society after proceedings have been concluded. The essays in Part II examine the topical issue of whether open justice entails a right to film and broadcast legal proceedings. The articles in Part III are concerned with the application of contempt of court to prejudicial media publicity; they discuss whether it is possible to prevent prejudice without sacrificing media freedom. Another aspect of media freedom and contempt of court is canvassed in Part IV: whether journalists should enjoy a privilege not to reveal their sources of information.

part I|122 pages

The Open Justice Principle

chapter 2|20 pages

The Principle of Open Justice

A Comparative Perspective*

chapter 3|26 pages

A Public Right to Know About Public Institutions

The First Amendment as Sword

chapter 4|9 pages

Name Suppression

an adjunct to the presumption of innocence and to mitigation of sentence—1

chapter |11 pages

Name Suppression

an adjunct to the presumption of innocence and to mitigation of sentence—2

part II|122 pages

Cameras in the Court-Room

part III|126 pages

Prejudicial Media Publicity

chapter 10|38 pages

Punishing The Press

Using Contempt of Court to Secure The Right to a Fair Trial

chapter 11|40 pages

You Say “Fair Trial” and I Say “Free Press”

British and American Approaches to Protecting Defendants’ Rights in high Profile Trials