Estes v. Texas
Encyclopedia
Estes v. Texas, 381 U.S. 532 (1965) was a case in which the United States Supreme Court overturned the swindling conviction of petitioner
Billy Sol Estes, holding that his Fourteenth Amendment due process rights had been violated by the publicity associated with the pretrial hearing, which had been carried live on both television
and radio
. News photography was permitted throughout the trial and parts of it were broadcast as well.
There was no doubt that the Court was displeased with the intensive pretrial and trial coverage, but its biggest concern was the presence of camera
s at the two-day long pretrial hearing. It included at least 12 still and television photographers, three microphone
s on the judge
's bench, and several aimed at the jury
's box and attorney
's table. When it was time for the trial to be held, it was moved about 500 miles away and the judge had imposed rather severe restrictions on press coverage. However, the justices did mark the notion that cameras would return to courtrooms eventually:
Indeed the facts did change with technology. Sixteen years later the Supreme Court ruled in Chandler v. Florida
, 449 U.S. 560 (1981) that a state could allow the broadcast and still photography coverage of criminal trials.
Petitioner
A petitioner is a person who pleads with governmental institution for a legal remedy or a redress of grievances, through use of a petition.-In the courts:The petitioner may seek a legal remedy if the state or another private person has acted unlawfully...
Billy Sol Estes, holding that his Fourteenth Amendment due process rights had been violated by the publicity associated with the pretrial hearing, which had been carried live on both television
Television
Television is a telecommunication medium for transmitting and receiving moving images that can be monochrome or colored, with accompanying sound...
and radio
Radio
Radio is the transmission of signals through free space by modulation of electromagnetic waves with frequencies below those of visible light. Electromagnetic radiation travels by means of oscillating electromagnetic fields that pass through the air and the vacuum of space...
. News photography was permitted throughout the trial and parts of it were broadcast as well.
There was no doubt that the Court was displeased with the intensive pretrial and trial coverage, but its biggest concern was the presence of camera
Camera
A camera is a device that records and stores images. These images may be still photographs or moving images such as videos or movies. The term camera comes from the camera obscura , an early mechanism for projecting images...
s at the two-day long pretrial hearing. It included at least 12 still and television photographers, three microphone
Microphone
A microphone is an acoustic-to-electric transducer or sensor that converts sound into an electrical signal. In 1877, Emile Berliner invented the first microphone used as a telephone voice transmitter...
s on the judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
's bench, and several aimed at the jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
's box and attorney
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
's table. When it was time for the trial to be held, it was moved about 500 miles away and the judge had imposed rather severe restrictions on press coverage. However, the justices did mark the notion that cameras would return to courtrooms eventually:
- It is said that the ever-advancing techniques of public communication and the adjustment of the public to its presence may bring about a change in the effect of telecasting upon the fairness of criminal trials. But we are not dealing here with future developments in the field of electronics. Our judgment cannot be rested on the hypothesis of tomorrow but must take the facts as they are presented today."
Indeed the facts did change with technology. Sixteen years later the Supreme Court ruled in Chandler v. Florida
Chandler v. Florida
Chandler v. Florida, 449 U.S. 560 , was a legal case in which the Supreme Court of the United States held that a state could allow the broadcast and still photography coverage of criminal trials. While refraining from formally overruling Estes v...
, 449 U.S. 560 (1981) that a state could allow the broadcast and still photography coverage of criminal trials.
External links
- Estes v. Texas - full text of decision on Findlaw.com