Courtroom Access
The Critical Importance of Televising the Trump Trials
George FreemanIt’s hard to believe that one-quarter of the way through the 21st century, with Americans spending more time looking at screens than ever before, the criminal trials of a former President and a leading candidate to be our next President will not be televised.
The Court and the Press in the Murdaugh Murders Trial
Jay BenderOn balance, the press members who were in Walterboro deserve as high a grade as the individuals who worked very hard to fulfill the provision in the South Carolina Constitution that all courts are public.
New York Court Upholds First Amendment Right of Access to Jury Selection in Upcoming Trump Trial
Robert Balin and Jesse FeitelJudge Gonzalez appears to be the first New York state court judge to recognizing a presumptive First Amendment right of the public and press to attend jury selection in civil trials.
Think Twice Before Recording that Zoom: Court Finds No First Amendment Right to Record Live-Streamed Court Proceedings
Rian C. DawsonThe question before the Court was whether Somberg, an attorney, was entitled under the First Amendment to obtain photo-audio-video records of courtroom proceedings streamed outside the courtroom.
Utah Supreme Court Gives Victory to Journalist Seeking Access to Records of Closed Criminal Investigation
Jeffrey J. Hunt, David C. Reymann, and Jeremy M. BrodisThe Court held that the right of judicial appeal of such decisions under the Government Records Access and Management Act (“GRAMA”) rests only with the “political subdivision” or the “requester.”
Law Banning Audio Recording of Bail Proceedings in Philadelphia Is Unconstitutional
Paul Safier and Shawn F. SummersThis ruling appears to be the first federal court decision to recognize a First Amendment right to record judicial proceedings in any circumstance.
Second Circuit Strikes Down Connecticut Law Sealing Judicial Records in Juvenile Felony Cases Transferred to Adult Criminal Court
Shannon Jankowski and Madeline LamoThe Hartford Courant argued that the law effectively required secret trials for teenagers accused of murder, rape, and other serious crimes, and seriously impeded its ability to inform readers about court proceedings.
Judge in George Floyd Prosecutions Allows Cameras in the Courtroom
Emmy ParsonsFinding that an overflow room is no substitute for in-person attendance, the judge overseeing the prosecutions of the four men charged in the death of George Floyd recently ordered that “[a]udio and video recording, broadcasting and streaming will be allowed” of the trial.