Judges, journalists, attorneys, and law enforcement
officials discussed the rights, responsibilities, and liability of the media,
courts, and law enforcement in a fictional criminal trial during the Fair
Trial/Free Press Conference: Gag Orders, Anonymous Juries, and the Media, on
Friday, November 3, 2023, at Albany Law School.
The program explored the legal, political, and ethical
issues that could arise in a hypothetical scenario in which a fictional
gubernatorial candidate was indicted on federal financial fraud charges and a
turbulent trial ensued. Panelists discussed the interplay of the Sixth
Amendment right to a fair trial and First Amendment rights to attend and report
on trials, including social media, gag orders, anonymous juries, police
conduct, and protection of the press and its sources. The full scenario is
here: https://www.albanylaw.edu/media/20391/download
• Rosemary Armao — Investigative reporter, news editor, and
Adjunct Professor at the SUNY University at Albany
• Martin Bell, Esq. — Partner at Simpson Thacher &
Bartlett LLP and former Assistant U.S. Attorney for the Southern District of New
York
• Natalie Brocklebank, Esq. — Deputy Director of the New York
State Defenders Association
• John M. Czajka, Esq. ’04 — Division Counsel for the New
York State Police
• Hon. Mae D’Agostino — United States District Judge for the
Northern District of New York
• Carla DiRienzo — New York State Police Bureau of
Criminal Investigation, Field Command Office
• John J. Flynn, Esq. — Erie County District Attorney and
President of the District Attorneys' Association of the State of New York
• Prof. Roy Gutterman — Director of the Tully Center for Free
Speech and Professor of Communications, Magazine, News, and Digital Journalism
at the Syracuse University Newhouse School of Public Communications
• Mark Mahoney —Journalist and Editorial Page Editor at the
The discussion was moderated by:
• Hon. Albert Rosenblatt – Retired Judge on the New York
Court of Appeals
• Rex Smith – Former Editor of the Albany Times-Union
The program was presented by the Government Law Center at
Albany Law School and the New York Fair Trial/Free Press Conference.