As a form of tribute to the late comedian and counter-culture hero George Carlin’s seven dirty words, we thought that a discussion of another set of banned words might be appropriate today – given Carlin’s influence on communicators and marketers the world over.

A few weeks ago, the National Law Journal ran a front-page story detailing the fact that U.S. courts are banning the use of certain words in front of a jury. The courts claim that they are ensuring defendants’ rights to a fair trial. Prosecutors and victims’ rights advocates claim that the courts are going too far.

To date, banned terms include “rape,” “homicide,” “drunk,” “victim,” “murderer,” “killer,” and “crime scene.” Some white collar attorneys would also like to see words such as “embezzle” and “defraud” restricted.

Legal issues aside, this debate brings up a pertinent question for litigation communications professionals: Will prosecutors start turning to the media to lend more emotional weight to their cases with even greater frequency and intensity than before?

If so, one could argue that ex parte persuasion is about to become an even more critical component of prosecutors’ case strategy. It’s a well-known, if largely unspoken, fact that public communications strategies have played major roles in the outcomes of marquee cases in the past. Expect this phenomenon to only grow more significant if judges continue to ban the use of inflammatory rhetoric. Soon, the Court of Public Opinion may be the only place that prosecutors can make an emotional appeal.