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4.2.12 WC: 191694 Chapter 15: The changing impact of the media on the law Criminal trials involving life and death, such as the O.J. Simpson case, or rape, such as the Mike Tyson cases, always generate massive media coverage, especially when famous people are in the dock. Some civil trials, especially those with allegations of sexual misconduct, are also widely covered. In this chapter, I focus on two such cases—both quasi-criminal in nature, both involving allegations of improper sexual relations—that reflect the changing impact of the media on our legal process. I also relate my involvement in other high profile cases in which celebrities and public figures have become the focus of media attention. Based on these and other cases, I draw conclusions about the nature of celebrity justice and the impact of the media on high visibility cases. In the days before radio and television, trials were covered primarily by the print media. Newspapers wrote articles about notorious cases. Pamphlets were issued containing excerpts from the transcripts. Some lawyers became famous even without the benefit of the electronic media. Daniel Webster, Abraham Lincoln, William Jennings Bryant, Clarence Darrow were all household names. So were some of their famous and infamous clients. The advent of gavel to gavel television coverage has changed the way in which the public views the law and the way in which the law operates. It has turned lawyers into celebrities and clients into household names. Today, everyone has an opinion on the high profile cases of the day, and these opinions have impact not only in the court of public opinion but in the courthouse as well. No lawyer, especially those who practice criminal or constitutional law, can afford to ignore the impact of this phenomenon on tactics and strategy. Cases can be won or lost as easily on the courthouse steps as in the courtroom itself. I have played a role in the ongoing debate regarding the manner by which trials are covered,

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