Abstract
For the better part of the last century, journalists have used free press and free-speech principles to advocate for camera access to newsworthy trials. But it was not until 2022 that news organizations succeeded in broadcasting defamation proceedings, and—in the process—gave libel litigants a novel opportunity to present their stories both to jurors and to the public at large. Because news organizations are themselves frequent targets of defamation lawsuits, this development may not be a categorical good for the press. The filming of defamation proceedings could provide motivated litigants with one more incentive to sue real and perceived critics, insofar as it could turn a lawsuit into a platform for publicity. This essay examines this tension for the press, situating the Johnny Depp v. Amber Heard trial and the Alex Jones damages trials within an environment where anti-press litigants increasingly weaponize libel litigation against the news organizations that cover them.
Recommended Citation
Alexandra M. Gutierrez,
The Filming Dilemma: The Potential Speech Cost Presented by Camera Coverage of Defamation Cases,
88 Mo. L. Rev.
(2023)
Available at: https://scholarship.law.missouri.edu/mlr/vol88/iss3/6