102 Iowa L. Rev. 2325 (2017)

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Abstract

When prosecutors share information related to a criminal investigation with media production companies, and the media companies broadcast that information in the form of true-crime reality shows before the accused has been tried, fair trial rights that serve as a cornerstone to the American judicial system are jeopardized. The history of American jurisprudence regarding balancing the media’s First Amendment rights with criminal defendants’ Sixth Amendment rights has been shaped in large part by cases concerning requests for restraints upon news agencies. Courts typically view these restraints skeptically, which reflects the high value this nation places on the contributions a free press makes to democracy. The development of true-crime reality shows necessitates a different approach because of risks of hindering fair trial rights, interfering with the administration of justice, and potentially subjecting police and local governments to civil liability. Arguably, the Model Rules of Professional Conduct and their various state counterparts already prohibit attorneys and prosecutors from providing information to these true-crime television companies, but shows that clearly rely on inappropriate disclosures continue to pervade the airwaves. This Note proposes that comments should be added to the Model Rules to make clear that sharing sensitive information that will be broadcast in true-crime reality shows prior to trial will not be tolerated and will lead to attorney sanctions.