Learning from the Duke Lacrosse Case: The Role and Responsibility of Traditional and New Media

The Duke lacrosse case represents the most recent instance of an increasingly frequent
phenomenon in which the individuals and institutions involved in court proceedings
become the subjects of intense media scrutiny and the accompanying public debate and
speculation.

The case and the media response to it have turned the spotlight on a number of fundamental legal issues common to high-profile cases, including the rights of free speech and of the press under the First Amendment; the ethical rules governing prosecutors, defense counsel, judges, and journalists; the historic importance in this country of public access to and scrutiny of our system of justice, particularly in criminal cases; and the desires of institutional and individual participants in the judicial process to defend themselves and safeguard their reputations in the face of public and media scrutiny.

The conference will provide a forum for addressing these broader issues. While the Duke lacrosse case offers a springboard for discussion, our expectation is that conference
participants will draw on their experiences with a wide array of high-profile cases to
facilitate discussion both of the practices of the bar and the media in such cases to date,
and of the policies and practices that should be developed for future cases if we are to
more effectively recognize and safeguard the competing interests of the various
participants in the process.

Topics for this discussion include:

• The Role and Responsibility of Traditional Media
• The Role and Responsibility of New Media

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