The First Amendment analysis of whether newspapers should be able to print identifiable details of potential jurors and put them in danger may be complicated.
The moral, ethical, and social analysis of whether newspapers SHOULD is not complicated.
And the courts should have guidelines or best practices to protect the anonymity of jurors in high profile trials. None of this is new or surprising. It is disheartening that the court seems caught off guard by all the attention on the jurors.
THANK YOU! Even if you say "this potential juror owns a head shop on the Upper West side," and someone blows up the wrong head shop, you still got someone killed! Does it matter that it was the wrong person?
My knee-jerk is to oppose nerfing the First Amendment just because this is an awkward era for journalism ethics.
But I admit my main reservation about it is I always assume limitations on a free press will invariably equate with limitations on individuals. Are those fears reasonable, tho'?
But no doubt David Nakamura can explain the news value of knowing the name of the specific bookstore where a particular potential juror works. I’m sure some of Trump’s most fervent followers are interested in it.
Is there something else the judge could have done? I imagine this is an issue in other cases, like mob ones. Is there some way to put this process under seal or something? Not sure how that weighs against the obvious public good of trials being open.
"Don't put identifying information about jurors in a trial where the defendant is also going to a different trial for whipping up a mob attack on his enemies," doesn't seem like a hard moral judgement to make.
Newspaper: Potential juror number nine has a severe peanut allergy. They live at 47 Pine Street. The front door is solid, but if you jiggle the back door, it opens right up.
"Should be able to" vs "should" is always the argument, and I wish more people understood and were willing to work with that in service to specific circumstances, instead of leaning back on law and abstraction.
This strikes me as being in the came category of yelling "fire" in a theater. There is clear identifiable potential harm to a small group of people, and it's reasonable to protect them from the potential harm with a circumscribed limit on speech.
I was under the impression that juror identities can be confidential in the interests of justice, determined by the court, without it running in to First Amendment problems. Even being kept completely secret as an innominate jury depending on the defendant. Like organized crime etc
We need to treat this like we treat streakers at sporting events. Just make a decision not to show them or talk about them and move on to something else.
I'm sure that "America's preeminent First Amendment Supporter ®️" would never condone the sharing of "assassinati0n c0oordinates" of jurors on his social media platform, RIGHT?
Ken, my recollection of past organized crime trials is that there are some court procedures that can address this balance—relying mainly on written questionnaires being one of them. Why do you think the court might not be implementing these here?