Education Or Entertainment On Las Vegas Law?

A decision last Thursday from the Nevada Supreme Court

In this petition, we are asked to interpret Supreme Court Rules governing media in the courtroom. The writ petition arises from My Entertainment TV (MET) filming petitioner Michael Solid’s first-degree murder trial for use in the television show Las Vegas Law. Solid contends that (1) MET is not a “news reporter” under these rules; (2) MET’s footage will not be used for solely educational or informational purposes, but may instead be used for unrelated advertising purposes; (3) the district court erred by allowing MET to film the trial; and (4) the terms of MET’s television series agreement with the Clark County District Attorney require the Special Public Defenders assigned to Solid’s case to give written consent to allow filming.

We conclude that (1) MET is a “news reporter” under Supreme Court Rule (SCR) 229, (2) MET is using the footage for educational or informational purposes pursuant to SCR 241, (3) the district court did not err in allowing MET to film Solid’s trial under SCR 230, and (4) the television series agreement does not require the consent of Solid’s trial counsel. For these reasons, we deny Solid’s writ petition.

The court considered the issues even though the trial has concluded.

Analysis

Solid argues MET’s intention to create an “entertaining” television show runs afoul of SCR 241, which requires the footage be used only •for “educational or informational purposes,” but not “unrelated advertising” purpose…

First, the show focuses on criminal justice in Clark County, which, although potentially entertaining, satisfies the requirement for the recording to be used for informational or educational purposes. Such a conclusion comports with the above determination that MET is a news reporter, as that requires MET to provide either news or information to the public. Additionally, the determination of the relative entertainment of an otherwise informational or educational news program is outside the scope of this court’s analysis. Indeed, “Mlle line between the informing and the entertaining is too elusive” for a court to decide when assessing the protections for a free press. Winters v. New York, 333 U.S. 507, 510 (1948). Thus, we conclude Las Vegas Law’s footage is used for an educational or informational purpose in compliance with SCR 241(1).

Second, we conclude any footage used in relation to the creation of the show would be used for a related advertising purpose and, thus, satisfies the second prong of SCR 241(1). Indeed, even advertisements about the show would be related to the show’s central educational or informational purpose and, therefore, within the purview of SCR 241(1). Thus, unless the footage is used in a context entirely outside of the filming and production of Las Vegas Law, we conclude the recording at issue here complies with SCR 241(1).

Consent of defense counsel is not required

When all sections are read together, the television series agreement does not require written consent from Solid’s trial counsel Section 1 discusses an agreement between Clark County and MET to “enter the [Clark County District Attorney’s Office] . . . for the purpose of” conducting MET’s “Filming Activity.” Sections 1(a) and 1(a)(i) of the television series agreement further clarify the consent requirements for county employees pursuant to MET’s filming activity. We conclude the consent requirements of Section 1(a) and 1(a)(i) apply only to the filming activity occurring in the district attorney’s office, as described in Section 1. To require consent of any county employee outside the scope of filming activities within the district attorney’s office would make the provisions of Section 1 meaningless.

Thus, we conclude the television series agreement does not require the consent of counsel because its provisions should be read together and should be read to comport with this court’s rules on electronic coverage of court proceedings.

There may be an issue with the link. The case is Solid v. Eighth Judicial District Court. (Mike Frisch)