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Constitutional Law: Assessing the Media's Right: Copying Audio and Video Tapes Played as Evidence in Criminal Trials

NCJ Number
112862
Journal
Western New England Law Review Volume: 10 Issue: 1 Dated: (1988) Pages: 99-131
Author(s)
J K Foster
Date Published
1988
Length
33 pages
Annotation
In 1986, three U.S. Courts of Appeals addressed the media's right to copy audio and video tape materials admitted and played as evidence in criminal trials.
Abstract
In defining the scope of the media's substantive right in this area, the courts looked to the U.S. Supreme Court decision in Nixon v. Warner Communications, Inc., in which the Court held that neither the right of the press nor that of the public required release of the evidentiary tapes. It reasoned that the right to a public trial was satisfied by the ability of the press and public to attend the trial and report on it. In subsequent cases, courts have examined the strength of the media's common law right to access and the factors to be considered in balancing the public's right to information and the defendant's right to a fair trial. Depending on the jurisdiction, the strength of the media's right has ranged from quasi-constitutional to merely one of the factors to be weighed in terms of the defendant's rights. Also varying among courts of appeal is the deference afforded to lower court determinations regarding the relevant factors and their weight. The approach taken in Valley Broadcasting Co v. District Court provides a balanced approach to this issue by recognizing a strong presumption of the media's right to evidentiary recordings while providing an avenue for the defendant's fair trial right to override it. 148 footnotes.