SJC Issues Key Ruling on Cameras in Courts

The Massachusetts Supreme Judicial Court issued an important ruling this morning on the constitutionality of cameras in the courts. Ruling on two challenges to the OpenCourt pilot project in Quincy District Court, the SJC held in Commonwealth v. Barnes that any order restricting live video streaming from the courtroom is a form of prior restraint and can be upheld only if it is the least restrictive, reasonable measure necessary to protect a compelling government interest. Here is the SJC's precise language:

We conclude that any order restricting OpenCourt's ability to publish -- by "streaming live" over the Internet, publicly archiving on the Web site or otherwise -- existing audio and video recordings of court room proceedings represents a form of prior restraint on the freedoms of the press and speech protected by the First Amendment and art. 16 of the Massachusetts Declaration of Rights, as amended by art. 77 of the Amendments to the Massachusetts Constitution. Such an order may be upheld only if it is the least restrictive, reasonable measure necessary to protect a compelling governmental interest. 

In the two challenges at issue here, the SJC held that neither case satisfied the standard to justify the prior restraint:

In the Barnes case, we vacate the order of the District Court judge requiring the redaction of the name of the minor alleged victim. We expect and anticipate that OpenCourt will continue to adhere to its policy of not publishing the name of the minor, but agree that on the record of this case, the judge's order was unconstitutional because the Commonwealth did not provide an adequate demonstration that this particular minor's privacy or psychological well-being would be harmed by publication of her name, or that a prior restraint was the least restrictive reasonable method to protect those interests. In the Diorio case, we conclude that Diorio has not met the heavy burden of justifying an order of prior restraint with respect to the specific proceedings at issue in his petition for relief. 

Notably, the SJC went on to request that its Judiciary-Media Committee (on which I serve as the representative of the Massachusetts Newspaper Publishers Association) submit for the SJC's approval a set of guidelines for the operation of the OpenCourt pilot project.

Cameras in Courts Focus of Boston Bar Panel

The U.S. District Court in Massachusetts is among 14 federal courts participating in a pilot project allowing cameras in the courtroom. I am moderating a panel this week that will look at this pilot project, and also contrast it with the experimental OpenCourt digital-access project under way in Quincy District Court. Also on the panel will be former U.S. District Judge Nancy Gertner, now a professor at Harvard Law School, and Joe Spurr, a multimedia journalist and the director of OpenCourt.

The brown-bag program is Tuesday, March 6, 12:30 to 1:30 p.m., at the Boston Bar Association, 16 Beacon St., Boston. More details and registration information are available here.

New Rule Governs Electronic Access to Mass. Courts

The Massachusetts Supreme Judicial Court today approved a new SJC Rule 1:19 governing Electronic Access to the Courts. It replaces the older rule on cameras in the courts to address changes in technology and journalism. Among other changes, the rule recognizes citizen journalists and entitles them to use cameras and computers to the same extent as other journalists.

I posted more information about the new rule and a full-text PDF at my LawSites blog.

Federal Court in Boston to Announce New Rules on Cameras and Coverage Today

The chief judge of the U.S. District Court for Massachusetts, Mark L. Wolf, will meet with members of the news media today to announce two new initiatives with regard to coverage of the court. According to an announcement from the court, Judge Wolf will discuss the following:

• Cameras in the courtroom. Effective Oct. 17, 2011, the court will become one of 14 pilot courts to participate in a three-year study of the use of cameras in the courtrooms for civil cases in which the parties have consented to recording. The recordings will be made publicly available on www.uscourts.gov.
• Virtual Press Box. The judges of the court have approved expanded access to the court’s electronic case filing system (ECF) by approved holders of a media ID issued by the court. Upon approval of an application for a Virtual Press Box (VPB), the holder will be able to obtain a “read only” ECF account and receive email notification of all activity in cases he or she may choose to follow.

SJC Proposes New Rule on Technology in the Courts

The Rules Committee of the Massachusetts Supreme Judicial Court today published proposed amendments to SJC Rule 1:19, pertaining to cameras in the courts. The proposed amendments are designed, in part, to address the more-varied use of electronic technology in courtrooms, both by traditional media and new media.

The amendments were recommended by the SJC's Judiciary-Media Committee. They were drafted by a subcommittee created to review the current rule and recommend changes in light of advances in technology and journalism since the rule was promulgated.

(I serve on the Judiciary-Media Committee and was on the subcommittee that drafted the proposed rule.)

The proposed revisions change the name of the rule to "Electronic Access to the Courts." They also include an expanded definition of media and a requirement that media register with the Court's Public Information Office. The proposed amendments allow the media to possess and operate electronic devices in the courtroom, subject to certain restrictions. Live blogging from the courtroom generally would be permissible.

The SJC asks that comments be directed to Christine P. Burak, Secretary, Supreme Judicial Court Rules Committee, Supreme Judicial Court, John Adams Courthouse, One Pemberton Square, Boston MA 02108 on or before Friday, Jan. 28, 2011. Comments may also be sent by e-mail to christine.burak@sjc.state.ma.us.

Attached are:

• The proposed Rule 1:19.
• A blackline comparison with the current rule.
• A summary of the proposed changes prepared by the subcommittee that drafted the amendments.