But, enforcement is, by definition, the imposition of one's own views upon another. And, that is restraint. Ultimately, it seems the future of electronic media in our courtrooms lies in education. Not legal education necessary to understand the nuances of each court ruling, but education in history, civics, philosophy and psychology to alert the journalist to the forces at work. For example, the publication of the attorney-client interview tapes acquired by Cable News Network in the Noriega case had enormous implications beyond the trial.
Most laymen give very little thought to the importance of the attorney-client privilege.
In fact, most see it as a scurrilous ploy by the attorney to protect an obviously guilty person. But if one really understands the importance of the attorney-client privilege to the continued freedom each of us enjoys, the breach of that confidentiality is as significant as prior restraint on free speech. I do not suggest any devolution of power by the court or the news media. The day probably never will come when a judge will leave it to the responsible commentator to decide whether the story warrants the potential injury to the right to a fair trial. The journalist never will leave that decision to the judge.