Dave Winer at a UC-Berkeley event on newspaper journalism:
I said the sources would take over the news. Not enough reporters covering the courtroom? The judge will report, as will the jurors, the attorneys, the plaintiff, the defendent. It will be messier, I would have said had I had the time to complete the thought, but more truth will come out.
New York Times, same day:
Last week, a building products company asked an Arkansas court to overturn a $12.6 million judgment, claiming that a juror used Twitter to send updates during the civil trial. And on Monday, defense lawyers in the federal corruption trial of a former Pennsylvania state senator, Vincent J. Fumo, demanded before the verdict that the judge declare a mistrial because a juror posted updates on the case on Twitter and Facebook. The juror had even told his readers that a “big announcement” was coming on Monday.
Winer waited all that time to get a chance to speak, and yet he couldn’t come up with a worse example if he tried. Judges and attorneys are legally prohibited from writing accounts of an ongoing trial on their blogs or Twitter. They would risk mistrials and professional sanction. Jurors risk mistrials as well by covering themselves. Even after the fact, participants in a trial have to be careful about what they say because it could become grounds for appeal. There are many other examples where professional rules, confidentiality requirements or non-disclosure agreements would prevent citizens from reporting their own news. There’s no way in hell the public will get court news from the participants. And that’s Winer’s example of why we don’t need newspapers? The journalists in the crowd must have loved his naivete.