Twittering the Blow by Blow of Courtroom Action Is the Latest Onslaught by Technology on the Court System

A hardy thank you to Robert J. Ambrogi over at Robert Ambrogi’s LawSites for posting the following article on Facebook titled “Judge Shuts Down NewWest.Net Twitter Feed from Yellowstone Club Trial” by Courtney Lowery.  Federal Bankruptcy Judge Ralph B. Kircher shut down the use of Twitter in his courtroom.

About an hour after proceedings began, the Judge requested a side conversation with lawyers about the “communication of proceedings outside courtroom.

Jonathan wrote on Twitter: “Issue: later witnesses are not allowed to hear earlier witnesses. Judge calls recess to allow lawyers to tell witnesses: stay off Twitter!”

A short while later, Jonathan wrote: “The last #YCtrial tweet: Judge has ruled no Twittering of the trial. I am disappointed but that is the ruling.”

Here are some of the latest feeds below:

  • NewWest.Net/Boise
    and editor Jill Kuraitis @Kuraitis
    win big time at Idaho press awards. Nice work Jill! -court http://cli.gs/7bH2Nv about 19 hours ago
  • I can at
    least update at breaks etc. The Judge also agrees this all needs further
    thought and is open to discussion. #YCtrial 1 day ago
  • Re
    Tweeting the trial: I had another conversation with Judge Kirscher. No
    live Tweeting when court is in session but… #YCtrial 1 day ago
  • My latest
    story on the Yellowstone Club trial is up: http://cli.gs/ZerBLY
    #YCtrial 1 day ago
  • In other
    NW/Twitter news 🙂 Sharon Fisher writes about Idaho Governor's fight for
    the Real @ButchOtter: http://cli.gs/Rs4Q9H 2 days ago
  • Can I post
    to NewWest.Net (but not Twitter) from the courtroom? Judge is busy, don't
    want to split hairs but not sure the rules #YCtrial 2 days ago
  • Honestly not 100% sure what this mean – can I
    Twitter testimony end of day? How is that different from a story on New West?
    #YCtrial 2 days ago

There is little doubt that technology continues to press the edges of the first amendment right to free speech and access to the courts.  Many judges will seek to shut down these technologies, including Twitter, in order to reduce the chance of juror bias (jurors aren’t supposed to receive any information concerning trials on which they sit except through the evidence that comes in through the judge).  It seems to me like shutting down live Twitter feeds is like putting your finger on a leak at the Hoover Dam.  Our time would better be served trying to figure out new ways of enforcing the jury instructions which tell jurors they are not to do any Google or other research concerning a case during trial, rather than precluding the rest of the world from knowing what’s going on.

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Enrico Schaefer

As a founding partner of Traverse Legal, PLC, he has more than thirty years of experience as an attorney for both established companies and emerging start-ups. His extensive experience includes navigating technology law matters and complex litigation throughout the United States.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.