California: Restrictions on First Amendment debated in two Sacramento cases

A Sacramento lawyer found herself in court the same day  arguing two sides of the First Amendment in two separate trials, in one to keep the press and public out of pretrail hearings in a sensational murder trial and the other to defend Occupy Sacramento protesters on free speech grounds. In both trials she was [...]

San Francisco federal appeals court to allow broadcast of same-sex marriage hearing

When the lawyers argue before the 9th U.S. Circuit Court of Appeals on the appeal of the striking down of Prop 8, the referendum prohibiting same-sex marriage, the proceedings will be videotaped and then televised. A federal district court had ruled Prop 8 unconstitutional for violating equal protection and due process rights. -db From the [...]

Federal district judge orders release of Prop 8 trial video

Citing the importance of public access to trials and court records in fostering public confidence in the judiciary, a federal district judge ordered the release of the video of hearings on Prop 8, California’s ban on same-sex marriage. Groups defending Prop 8 want the videos to remain sealed to protect the privacy of those testifying [...]

Free press advocate asks Supreme Court for ‘presumption of openness’ for court records

The Reporters Committee for Freedom of the Press has asked the Supreme Court to make every document in their court open to the public unless it designates otherwise. A New York Times editorial backs the suggestion noting that in the last 18 years the court has increased the practice of sealing records, a troubling trend. [...]

Republicans in House of Representatives nix courtroom cameras in gay benefits trial

In a lawsuit brought by a woman seeking family insurance coverage for her partner, Republicans in the House of Representatives vetoed the judge’s proposal to allow videos of the arguments. The House Republicans entered the case after the Obama administration ended the Justice Department support of the Defense of Marriage Act, a law that denies [...]

Federal court: Settlement agreement between restaurant chain and employees open to public

Even though both parties agreed to seal the court records on the case, the federal district trial court judge ruled that a settlement agreement between the a restaurant chain and a group of employees over alleged violations of federal employment law must be open to the public. The judge said, “Few principles have as long [...]

Federal court experiment premiers with video of Tennessee hearing

The federal courts’ test of  cameras in the courtroom began July 21 in a hearing for a preliminary injunction in Tennessee. The test program,  approved by the U.S. Judicial Conference last year,  allows court-operated cameras to film civil proceedings in 14 federal trial courts. The July 21 proceedings were posted online after the hearing. Writing [...]

Riverside court branch errs in posting notice of court closure

Court administrators hastened to say that trials at the Riverside Superior Court’s branch in Corona were open to the public after someone posted a sign to the contrary. An employee had apparently misinterpreted instructions about curtailed services to include access to criminal trials. Two Supreme Court decisions affirm access to courts except in cases in [...]

Ninth circuit appeals court allows live broadcast of Prop 8 hearing

The live broadcast of the appeal proceedings in the U.S. Court of Appeals (9th Cir.) on Prop 8, the initiative banning same-sex marriage,  reached a wide audience including at least 17 law schools. -db The Reporters Committee for Freedom of the Press December 7, 2010 By Derek Green The U.S. Court of Appeals in San [...]

Coalition urges Senate to pass law to allow cameras in Supreme Court

The American Civil Liberties Union, Citizens for Responsibility and Ethics in Washington and Alliance for Justice are urging the Senate to pass a bill allowing television coverage of Supreme Court hearings. -db American Civil Liberties Union Press Release October 28, 2010 WASHINGTON, D.C. – A coalition of public interest advocates led by the American Civil [...]

Federal appeals court orders release of court documents in terrorism case

A federal appeals court upheld the public’s right to access court documents in a case in which the prosecutors allege that a charitable organization provided support to Hamas, listed as a terrorist organization by the U.S. government. -db The Reporters Committee for Freedom of the Press October 22, 2010 By Daniel Skallman A federal appeals [...]

U.S. Supreme Court: Justice Alito cites ‘observer effect’ in opposing cameras in court

Supreme Court Justice Samuel A. Alito Jr. said in a Des Moines, Iowa speech that he opposed televising court action because lawyers would play to the cameras. -db ABA Journal October 1, 2010 By Debra Cassens Weiss Justice Samuel A. Alito Jr. opposes televised Supreme Court arguments, and he explained why on Thursday: Lawyers would [...]

High court rules for open criminal trials

The U.S. Supreme Court found that under the First Amendment, the public has the right of access to jury selection under the First and Sixth Amendments. The ruling came in a case in which a trial judge had excluded a criminal defendant’s uncle from viewing jury selection to keep the prospective jurors from mingling with [...]

In Separate Moves, State and Federal Courts in California OK Policy Changes Allowing Greater Public Access

BY PETER SCHEER — The courts in California are often criticized for being out of step with the rest of the country. A willingness among judges to deviate from national orthodoxy is not necessarily a bad thing, however. Just this week the administrative arm of the California Supreme Court adopted a rule providing public access [...]

Government lawyer argues torture suit too sensitive for public court

Citing national security and state secrets, a Justice Department lawyer argued that the suit involving the CIA and a San Jose company over extraordinary rendition and torture of suspected terrorists cannot proceed in open court. -DB San Francisco Chronicle December 16, 2009 By Bob Egelko SAN FRANCISCO — A lawsuit accusing a Bay Area flight-planning [...]

ACLU challenges former San Francisco mayor Willie Brown on gag order

Willie Brown is seeking a gag order from a superior court judge for a client facing felony fraud charges. In filing an amicus brief against the order, lawyers for the American Civil Liberties Union of Northern California said the request shows a “shocking disregard” for the First Amendment. -DB Legal Pad CaL Law Blog October [...]

Cuts in newspaper staffs reduce efforts for public access to courtrooms

Observers worry that cuts in newspaper legal budgets will mean fewer challenges to efforts to keep court proceedings secret. Historically, newspapers, small and large, have mounted access battles for the public’s benefit. -DB The New York Times September 1, 2009 By Adam Liptak WASHINGTON, D.C. – You don’t see newspapers fighting to open court proceedings the [...]