Are All Court Cases Televised? A Look at U.S. Federal Courts

The question of whether all court cases are televised is a common one, and the answer, particularly in U.S. federal courts, is a resounding no. Televising court proceedings is governed by complex rules and policies that have evolved over time. This article delves into the history and current regulations surrounding cameras in federal courtrooms.

A History of Cameras in Federal Courts

The use of cameras in federal courts has been a subject of ongoing debate and cautious experimentation. Initially, broadcasting from federal courtrooms was explicitly banned under Federal Rule of Criminal Procedure 53, established in 1946. This rule prohibited photographs and broadcasting during judicial proceedings.

This ban extended to both criminal and civil cases in 1972 when the Judicial Conference of the United States implemented a broader prohibition. However, the landscape began to shift in 1988 when Chief Justice Rehnquist formed a committee to explore the issue.

A pilot program allowing electronic media coverage of civil proceedings in select courts was launched in 1991, following the recommendations of the Ad Hoc Committee on Cameras in the Courtroom. This three-year program provided valuable data and insights into the potential impact of cameras.

Concerns and Restrictions

Despite the pilot program, concerns persisted regarding the potential for cameras to intimidate witnesses and jurors. These concerns led the Judicial Conference to decline expanding camera coverage in civil proceedings in 1994. A proposed amendment to allow cameras in criminal proceedings was also rejected. The initial pilot program concluded at the end of 1994.

While broadcasting remained largely prohibited in trial courts, the Judicial Conference in 1996 granted individual Courts of Appeals the authority to decide on camera coverage for appellate arguments. This resulted in some appellate courts, like the Second, Third, and Ninth Circuits, adopting rules permitting cameras and even livestreaming audio of oral arguments.

Pilot Programs and Current Policy

A new pilot program focusing on civil cases was authorized in 2010. This three-year project, involving fourteen district courts, allowed the recording and online publication of proceedings with the consent of the presiding judge and parties involved.

While this pilot program concluded in 2015, the participating districts in the Ninth Circuit were allowed to continue collecting data. The Judicial Conference’s policy remained largely unchanged, permitting cameras primarily for ceremonial proceedings, presentation of evidence, or specific purposes approved by the Conference. Live audio streaming of civil and bankruptcy proceedings of public interest was piloted from 2020 to 2023, demonstrating the feasibility of expanding public access remotely.

Recently, in September 2023, the Judicial Conference updated its policy to allow judges presiding over civil or bankruptcy non-trial proceedings to authorize live remote public audio access when witnesses are not testifying. This signifies a continued evolution in the approach to public access to federal court proceedings.

Conclusion: Transparency vs. Justice

The question of televising court proceedings remains a balancing act between transparency and the fair administration of justice. While federal courts have historically been cautious about camera access, recent policy changes suggest a gradual movement toward greater openness, particularly in non-trial proceedings. However, the answer to “Are All Court Cases Televised?” remains a definitive no, reflecting ongoing concerns and careful consideration of the complexities involved.