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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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Isaac Gorodetski
Project Manager,
Center for Legal Policy at the
Manhattan Institute
igorodetski@manhattan-institute.org

Katherine Lazarski
Press Officer,
Manhattan Institute
klazarski@manhattan-institute.org

 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.