Are Federal Trials Televised?

The question of whether federal trials are televised is a complex one with a long history. While the straightforward answer is no, federal criminal trials are not televised, the reality is more nuanced, especially regarding civil proceedings and appellate court arguments. This article explores the evolution of electronic media coverage in federal courts, outlining the rules, pilot programs, and current policies that shape public access to these proceedings.

A History of Restrictions: Photography and Broadcasting in Federal Courts

Since 1946, Federal Rule of Criminal Procedure 53 has explicitly prohibited electronic media coverage of criminal proceedings. This rule broadly restricts photography, broadcasting, and recording in the courtroom during judicial proceedings. The Judicial Conference of the United States further reinforced this ban in 1972, extending the prohibition to both criminal and civil cases.

Shifting Sands: Pilot Programs and Policy Changes

Despite the longstanding ban, the issue of cameras in courtrooms has been revisited multiple times. In 1990, following the recommendation of the Ad Hoc Committee on Cameras in the Courtroom, the Judicial Conference launched a three-year pilot program. This program permitted electronic media coverage of civil proceedings in select district and appellate courts. However, concerns about the potential impact on witnesses and jurors led the Conference to decline expansion to more civil cases in 1994. They also rejected a proposed amendment to Rule 53 that would have allowed cameras in criminal proceedings.

Appellate Courts and a Move Toward Greater Access

A significant shift occurred in 1996 when the Judicial Conference granted individual appellate courts the authority to decide on camera coverage for their own arguments. This resulted in the Second, Third, and Ninth Circuit Courts of Appeals adopting rules and guidelines permitting coverage. Today, all appellate courts provide livestream audio of oral arguments and make recordings publicly available. While this represents progress, it still doesn’t extend to trial courts.

Pilot Programs in District Courts: Testing the Waters

In 2010, another pilot program focusing on district courts began. This three-year initiative, limited to civil cases with party consent, allowed video recording of proceedings for subsequent online publication. Fourteen courts participated, but the resulting report in 2016 didn’t lead to immediate policy changes. Three districts in the Ninth Circuit continued the pilot program to gather more data.

Current Policy on Cameras in Federal Trial Courts

As of September 2023, the Judicial Conference policy allows judges discretion to permit live remote public audio access to civil and bankruptcy non-trial proceedings where witnesses are not testifying. This marks a step toward greater transparency but still falls short of televised trials. Photographing, recording, and broadcasting in trial courts remain generally prohibited, except for specific purposes like presenting evidence or ensuring security.

Conclusion: Limited Access Remains the Norm

While there have been periods of experimentation and incremental progress toward greater openness, federal trials, particularly criminal trials, remain largely inaccessible to the public through television or video. The reasons for this continued restriction center on concerns about preserving the integrity of the judicial process, protecting the rights of participants, and ensuring a fair trial. Although live audio streaming for certain proceedings represents a recent advancement, the question of whether cameras will ever be allowed in federal criminal trials remains unanswered.