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Ben Holden, Director Reynolds National Center for Courts and Media

What Journalists Want; How The Courts Can Help October 2, 2012 – New Orleans American Judges Association Annual Conference. Ben Holden, Director Reynolds National Center for Courts and Media Donald W. Reynolds School of Journalism University of Nevada, Reno MS/310 (775) 327-8271 - office

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Ben Holden, Director Reynolds National Center for Courts and Media

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  1. What Journalists Want; How The Courts Can HelpOctober 2, 2012 – New OrleansAmerican Judges Association Annual Conference Ben Holden, Director Reynolds National Center for Courts and Media Donald W. Reynolds School of Journalism University of Nevada, Reno MS/310 (775) 327-8271 - office (706) 332-8426 - cell

  2. I. WHO THEY ARE • Reporters: Young, Scared, Ill-trained • Mid-level editors: Targeted for extinction • Top editors: Fighting publisher to avoid cuts • Publisher: Fighting corporate to avoid cuts • All: Multi-tasking like hamsters on a treadmill • 40% of journalism jobs lost in past 10 years U.S. Labor Department -- Sept. 2012

  3. II. WHAT THEY WANT AND NEED • “I believe The First Amendment Law of the future will be made by these impecunious individuals…" • -- Floyd Abrams, counsel to New York Times, partner, Cahill, Gordon & Reindel LLP, & RNCCM board member

  4. II. WHAT THEY WANT AND NEED • BOTTOM LINE: Don't Make Them Sue You. The Bad News For Democracy is Traditional Corporate News Organizations May Not Be Able/Willing To Appeal Incorrect First Amendment Rulings Because of Corporate Pressures...Even If They Are Right on The Law

  5. II. WHAT THEY WANT AND NEED (CONT.) • Good, clean rulings on: • 1. Access to courtrooms  • 2. Access to court records • 3. Open meetings disputes involving other branches of government • 4. Judicial rulings including appropriate in- camera transcripts, motions in limine and jury instructions 

  6. II. WHAT THEY WANT AND NEED (CONT.) • 5. Never ever, ever grant a prior restraint -- unless the paper is trying to disclose troop movements, spy names, bombing-striking targets or bombmaking recipes.  • 6.  Unmasking-you may be able to order it. Vol. 1 ISSUE 1 RCMLJ (judges.org)

  7. II. WHAT THEY WANT AND NEED (CONT.) • 7. Quickly and decisively dispose of Shepherd v. Maxwell motions on venue and new trials • AKA: The 7 Habits of Highly Effective Judges

  8. III. HOWYOU CAN HELP • 1. M-V-P • a. Meetings to educate • b. (shared) Vocabulary • c. Press Releases on Good News/ Syllabus opinions 

  9. IV. WHAT’S IN IT FOR YOU? “What distinguishes a truly free society from all others is an independent judiciary and a free press. ” -- Edward R. Murrow, journalist and crusader against the Red Scare and other threats to Democracy

  10. IV. WHAT’S IN IT FOR YOU (CONT) (Or Enlightened Self-Interest ) Do You Really Want The Replacement Refs Explaining to the Public: • Controversial Judicial Orders (e.g., Exclusionary Rule) • Complex Legal Concepts (e.g., ‘Nullification’) • Retention Elections • Judicial Compensation

  11. Managing The Press Befriend (but don’t “Friend”) Develop rules, shared vocabulary Know how media are structured

  12. Judge Herbert B. Dixon, Jr.Superior Court of the District of ColumbiaWashington, D.C. The Florida/Oklahoma Rule “Friend” is Now a Verb: Judicial Ethics and the New Social Media

  13. A Judge’s Toolbox On the record Not for attribution Background Deep background

  14. A Standard Newspaper Hierarchy EE ME (above 200K circ.) City Editor (4A) Legal Affairs Reporter (4B) General Assignment Reporter

  15. Newspaper Woes • Decline in newspaper FTEs • How newspaper people think • Tips on working with a depleted press • Threshold Issues: • Do you Have a PIO? • Can You “do business” with the EE? • Is the paper connected to a larger group?

  16. What Journalists Want; How The Courts Can HelpOctober 2, 2012 – New OrleansAmerican Judges Association Annual Conference

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