Can Court Cases Be Televised? A Look at U.S. Federal Courts

The question of whether court cases can be televised in the U.S. federal court system is complex, with a history spanning decades of evolving policies and pilot programs. While the general rule prohibits televising trials, there are exceptions and ongoing discussions regarding expanding camera access. This article delves into the history and current state of televised court proceedings in federal courts.

A History of Restrictions and Pilot Programs

Since 1946, Federal Rule of Criminal Procedure 53 has explicitly banned electronic media coverage of federal criminal proceedings. This rule prohibits photography and broadcasting from the courtroom during judicial proceedings unless otherwise specified by statute or court rules. The Judicial Conference of the United States further solidified this prohibition in 1972, extending it to both criminal and civil cases.

However, the landscape began to shift in the late 1980s. Chief Justice Rehnquist formed a committee to explore the issue, leading to a 1990 pilot program allowing electronic media coverage of civil proceedings in select district and appellate courts. While this program concluded in 1994 without expanding to broader camera coverage due to concerns about witness and juror intimidation, it marked a significant step towards potential change.

Appellate Courts and a Shift Towards Audio Access

In 1996, the Judicial Conference granted individual appellate courts the authority to decide on camera coverage of their arguments. Consequently, several circuits, including the Second, Third, and Ninth, adopted rules permitting camera access. Notably, all appellate courts now livestream audio of oral arguments and provide public access to audio recordings.

While district courts remained largely resistant to cameras, a 2010 pilot program tested the impact of cameras in civil cases in fourteen district courts. This program, concluding in 2015, involved recording and publishing video recordings of proceedings with the consent of the presiding judge and parties involved. While the Judicial Conference did not immediately recommend policy changes based on this pilot, three districts in the Ninth Circuit continued the program to gather long-term data.

The Current State of Televised Court Proceedings

Currently, the general prohibition against televising federal trial court proceedings remains in effect. Exceptions exist for ceremonial proceedings, presentation of evidence, record perpetuation, security purposes, judicial administration, and appellate arguments in specific circuits.

A significant development in recent years has been the increased focus on audio access. A pilot program for live audio streaming of civil and bankruptcy proceedings concluded in 2023, demonstrating the feasibility of providing remote public access with minimal technical challenges. Furthermore, a temporary exception during the COVID-19 pandemic allowed for audio access to proceedings via teleconference technology when public access to courthouses was restricted.

Most recently, in September 2023, the Judicial Conference updated its policy to allow judges discretion in authorizing live remote public audio access to non-trial civil and bankruptcy proceedings where witnesses are not testifying. This signifies a continued movement towards greater transparency and public access to federal court proceedings, even if televised trials remain largely prohibited. The debate continues, balancing public access with concerns about fairness, security, and the administration of justice.