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Criticizing abusive litigation = "jury tampering"?

We've seen this quite a few times before: advocacy efforts to call attention to problems of unfounded or abusive litigation getting called "jury tampering". Jury tampering, as we know, is a very serious matter ordinarily punished by the criminal law. Are we dealing here with a mere overheated metaphor, or is there some plan afoot to criminalize such speech? And if so, will the new strictures also apply to trial lawyers who, say, contrive to get "60 Minutes" to pass on an uncritical dramatized version of their client's case in the lead-up to trial? More on U.S. Chamber movie trailers here.

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.