6 ms·
Without taking a stance on this particular case, it is worth noting that a court room during a trial is a very unusual place with regard to 'free speech'. An a
by gwright 13y ago
Without taking a stance on this particular case, it is worth noting that a court room during a trial is a very unusual place with regard to 'free speech'. An abolutist view of free speech rights would render a courtroom uncontrollable and so there are rules and procedures that are very specific to the circumstances of a trial. A similar observation could be made with respect to legislative assemblies, for example.
In both circumstances, participants must follow the speaking rules or be subject to penalties of various sorts (contempt of court, censure, etc).
Attempting to utilize 1st amendment rights in order to bypass those procedures seems like the wrong approach. A more logical avenue might be appeal based on the 6th Amendment right to a fair trial and/or due process arguments.