Debra Cassens Weiss reports for ABA Journal:
With the video embargoed until after the news cycle has moved on, the "play to the camera" problem that Justice Kagan notes (correctly, in my view) would be minimized.
Subsequent use of clips out of context would still be a problem, but no solution is perfect.
At her U.S. Supreme Court confirmation hearing, Elena Kagan said she thought it "would be a terrific thing" to have cameras at oral arguments.I stand by my suggestion for minimizing the chance of people trying to make the video bite on the evening news while still providing valuable video of the full argument. Have the arguments recorded by a single camera under the control of the court. Embargo the recording until Saturday morning, and then play it on CSPAN. After that, it's public record.
During an appearance at the University of Michigan Law School on Friday, Justice Kagan said she is having second thoughts, report AnnArbor.com and a press release.
"I have a few worries, including that people might play to the camera. Sometimes you see that when you watch congressional hearings," Kagan said. Another worry, she said, is that a clip will be used out of context.
With the video embargoed until after the news cycle has moved on, the "play to the camera" problem that Justice Kagan notes (correctly, in my view) would be minimized.
Subsequent use of clips out of context would still be a problem, but no solution is perfect.
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