Media Law Handbook

Court Access


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10. Can a judge order you not to publish what you saw or heard about a case?
12. Can a judge order trial participants not to talk to reporters?

11. Can reporters be punished after the fact for their court coverage?

In addition to prohibitions on prior restraints, it is well established that the First Amendment also prohibits subsequent punishment of the press for the publication of accurate information on a matter of public concern that was lawfully obtained.[129]  In Landmark Communications, Inc. v. Virginia,[130]  the U.S. Supreme Court held that subsequent criminal punishment can be just as dangerous to the news media’s ability to inform the public as prior restraints.[131]  Accordingly, in general, journalists cannot be punished after the fact for their court coverage, and any statute that purports to do so is constitutionally suspect.

References 

[129] See Landmark Commc’ns, Inc. v. Virginia, 435 U.S. 829, 839 (1978).

[130] See id.

[131] See id. at 841-42; see also Smith v. Daily Mail Publ’g Co., 443 U.S. 97, 100-06 (1979).

10. Can a judge order you not to publish what you saw or heard about a case?
12. Can a judge order trial participants not to talk to reporters?

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