A disclaimer: we’re not sure how we feel about Perry v. Schwarzenegger, the federal constitutional challenge brought by superlawyers Ted Olson and David Boies to Proposition 8, California’s voter-approved ban on same-sex marriage. We are somewhat sympathetic to Jonathan Adler’s position: gay marriage makes perfect sense as a policy matter, but the constitutional case is less clear. (We suspect that Elie may be more supportive of the Perry litigation and its ultimate objective; see here.)
We do know, however, how we feel about cameras in the courtroom: we are strongly in favor of them. For more, see our Washington Post piece. The right to an open and public trial is guaranteed by the Constitution, and understanding what’s going on in our courts is a crucial part of democratic self-governance.
The standard for closing a courtroom to the public is very high, and justifiably so. We the People should be allowed to know — and to hear, and to see — what is transpiring within our courts. After all, these are our laws being interpreted, our rights being adjudicated, and our taxpayer dollars at work.
And in this age of videoconferencing, YouTube, blogging, and Twitter, the distinction between physical and virtual attendance of court proceedings is becoming increasingly artificial. If we can read reporter Dan Levine’s real-time tweets about the Prop 8 trial, or if we can read blog posts published during breaks about what just transpired in open court, why shouldn’t we be able to watch the proceedings ourselves, in livestreaming video? Or, if we can’t watch real-time video, why can’t we watch video posted online after the fact?
This is why we are so disappointed in the Supreme Court’s decision to kill, at least for now, efforts to broadcast the Prop 8 trial. This is why we strongly support the efforts of Chief Judge Vaughn Walker (N.D. Cal.), who is presiding over the trial, and Chief Judge Alex Kozinski (9th Cir.), who is spearheading a Ninth Circuit pilot project providing for cameras in the courtroom, to offer some wider broadcast of the proceedings (whether on YouTube, an official court website, or even just to federal courthouses outside San Francisco).
More discussion, plus a READER POLL, after the jump.
Continue reading “Cameras in the Prop 8 Courtroom: Why Not?”