Televising Supreme Court and Other Federal Court Proceedings: Legislation and Issues

Publication Date: November 2006

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Justice

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Abstract:

Over the years, some in Congress, the public, and the media have expressed interest in television or other electronic media coverage of Supreme Court and other federal court proceedings. The Supreme Court has never allowed live electronic media coverage of its proceedings, but the Court posts opinions and transcripts of oral arguments on its website. The public has access to audiotapes of the oral arguments and opinions that the Court gives to the National Archives and Records Administration. Currently, Rule 53 of the Federal Rules of Criminal Procedure prohibits the photographing or broadcasting of judicial proceedings in criminal cases in federal courts. The Judicial Conference of the United States prohibits the televising, recording, and broadcasting of district trial (civil and criminal) court proceedings. Under conference policy, each court of appeals may permit television and other electronic media coverage of its proceedings. Only two of the 13 courts of appeals, the Second and Ninth Circuit Courts of Appeals, have chosen to do so. Although legislation to allow camera coverage of the Supreme Court and other federal court proceedings has been introduced in the current and previous Congresses, none has been enacted.

In the 109th Congress, four bills have been introduced -- H.R. 2422, H.R. 4380, S. 829, and S. 1768 -- to allow television or other electronic media coverage of federal court proceedings. Another bill, relating to court security -- H.R. 1751 -- was introduced without such a provision, but was later amended in committee to include electronic media coverage. Three of these bills, H.R. 1751, H.R. 2422, and S. 829, would grant discretionary authority to presiding judges to permit photographing, electronic recording, broadcasting, or televising of district and appellate court proceedings, including Supreme Court proceedings. Two other bills, S. 1768 and H.R. 4380, would require the televising of all open sessions of the Supreme Court only. The five bills are similar, or identical, to legislation introduced in previous Congresses since at least the 105th Congress.

This report also discusses the arguments that have been presented by proponents and opponents of electronic media coverage of federal court proceedings, including the possible effect on judicial proceedings, separation of powers concerns, the purported educational value of such coverage, and possible security and privacy concerns. Finally, the report discuses the various options Congress may address as it considers legislation, including which courts should be covered, whether media coverage should be authorized or required, possible security and privacy safeguards, and the type of media coverage that would be permitted. The report will be updated upon passage of legislation, or as events warrant.