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Tuesday, February 19, 2013

Dorf on cameras in the courtroom

Mike Dorf offers some thoughts on cameras in the courtroom (particularly SCOTUS and appellate courts), in light of Justice Sotomayor's recent announcement that she would not support allowing cameras into oral argument (a switch from the position she took during her confirmation hearing). He does a good job rejecting the arguments that people will not understand what is going on and that the justices and/or attorneys will grandstand for the cameras. He also adds a nice First Amendment twist--at the very least, the burden of persuasion that these harms may occur rests with the opponents of cameras (the "censors") rather with than the proponents of cameras. I had not thought of that in my prior comments, but it is a great point.

Posted by Howard Wasserman on February 19, 2013 at 07:02 PM in Constitutional thoughts, First Amendment, Howard Wasserman, Law and Politics | Permalink


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