First Amendment to the Constitution of the United States of America

First Amendment to the Constitution of the United States of America:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Showing posts with label cameras in court. Show all posts
Showing posts with label cameras in court. Show all posts

Sunday, July 14, 2013

Cameras in courtrooms, like in Zimmerman's trial, should be the norm

The trials of George Zimmerman, Casey Anthony and Ted Bundy, as well as the 2000 election saga ... what do they all have in common?  They were televised in the Florida state courts.  Whatever you think of the outcomes in those matters, the Sunshine State, true to its name, leads the way in shedding light on its judicial proceedings.

More than once, I have worked to convince a judge that having cameras in the courtroom is a good thing.  "But it will disturb the decorum of the courtroom."  No, cameras now are unobtrusive and silent, and often media companies will pool resources to use just one camera.  "It will turn the courtroom into a circus."  No, your honor, I'm sure you won't let that happen.  "It will make the witnesses feel uncomfortable."  Studies show that witnesses forget the cameras are there after a few minutes.  "It will make the lawyers grandstand."  That will or won't happen either way, and your honor can keep that in check.

The basic point:  the First Amendment gives a right for the public to attend trials in person, so why not extend that right to a broader audience via cameras?  Florida takes this approach, and attracts a lot of attention for its cases.

And, we watch right?  So many folks want to see what happens next.  As they do, the public learns about our justice system from watching, and also from listening to pundits who have actually seen the proceedings.

In California, there is a 19 factor test a state court judge must consider before a camera comes into the courtroom.  Yes, you read that right ... 19 factors.

In federal court, aside from a handful of pilot programs, judges have even less discretion.  Judge Vaughn Walker wanted to televise the Prop. 8 trial, but the US Supreme Court stopped him.  So much for giving judges control over their own courtrooms.

Meanwhile, C-SPAN reports that a majority of the Supreme Court refuses to allow cameras in the Supreme Court itself. 

Get over it.  Cameras in the courtroom inform and educate.  They teach us about the triumphs and failings in our justice system.  They are consistent with a free press and a free society.

Further reading:  For an excellent and scholarly look at cameras in the court, read this article by Mickey Osterreicher of the National Press Photographers Association.