The Supreme Court issued this opinion and order in Hollingsworth v. Perry today.
The gay marriage suit is, of course, not a criminal or crime-related case, and CJLF takes no position on the merits of that controversy. Similar issues do come up in criminal cases, though, so we need to keep tabs on it. In its discussion of the chilling effect of broadcasting on witnesses, the Court noted the trial of LBJ crony Billy Sol Estes, which was a criminal case. "See Estes v. Texas, 381 U. S. 532, 547 (1965); id., at 591 (Harlan, J., concurring)." The Oklahoma City bombing case, and Congress's very narrowly limited authorization for closed-circuit television in that case, is also discussed.
Open courts are generally a good thing, and broadcasting a trial can have an educational benefit, letting more of the public see real trials than the limited few who can actually go to the courtroom. Even so, the impacts on victims, witnesses, and the defendant need to be considered with care. The loss of privacy and danger of intimidation that come with being a witness are magnified if the proceeding is broadcast. We need to proceed with caution.
The question whether courtroom proceedings should be broadcast has prompted considerable national debate. Reasonable minds differ on the proper resolution of that debate and on the restrictions, circumstances, and procedures under which such broadcasts should occur. We do not here express any views on the propriety of broadcasting court proceedings generally.
Instead, our review is confined to a narrow legal issue: whether the District Court's amendment of its local rules to broadcast this trial complied with federal law. We conclude that it likely did not and that applicants have demonstrated that irreparable harm would likely result from the District Court's actions. We therefore stay the court's January 7, 2010, order to the extent that it permits the live streaming of court proceedings to other federal courthouses. We do not address other aspects of that order, such as those related to the broadcast of court proceedings on the Internet, as this may be premature.
The gay marriage suit is, of course, not a criminal or crime-related case, and CJLF takes no position on the merits of that controversy. Similar issues do come up in criminal cases, though, so we need to keep tabs on it. In its discussion of the chilling effect of broadcasting on witnesses, the Court noted the trial of LBJ crony Billy Sol Estes, which was a criminal case. "See Estes v. Texas, 381 U. S. 532, 547 (1965); id., at 591 (Harlan, J., concurring)." The Oklahoma City bombing case, and Congress's very narrowly limited authorization for closed-circuit television in that case, is also discussed.
Open courts are generally a good thing, and broadcasting a trial can have an educational benefit, letting more of the public see real trials than the limited few who can actually go to the courtroom. Even so, the impacts on victims, witnesses, and the defendant need to be considered with care. The loss of privacy and danger of intimidation that come with being a witness are magnified if the proceeding is broadcast. We need to proceed with caution.
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