Cameras in the court: Why most Trump trials won’t be televised
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Tuesday, August 22, 2023
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Americans will have few opportunities to binge-watch the Donald J. Trump trials.
Key Points:
- Americans will have few opportunities to binge-watch the Donald J. Trump trials.
- Even members of Congress from both sides of the aisle proposed legislation requiring cameras in the U.S. Supreme Court.
- In this age of Court TV and Judge Judy, why would trials not be televised?
- There are many reasons why all trials aren’t televised, spanning the history of case law, congressional legislation, empirical research, high-profile “circus” trials and, in some cases, fear.
From public to pensive
- The right to a public trial is enshrined in English common law and the Sixth Amendment to the U.S. Constitution.
- Almost everyone is guaranteed public access to, and thus oversight of, their case, which allows the public to hold the system accountable.
- But the courts have struggled to define how “public” to make a public trial.
- Generally, in most state courts, an individual judge can make the ultimate decision about allowing cameras in their courtroom.
Grandstanding or transparency?
- A lawyer representing Trump in the federal 2020 election case said in July that he would prefer cameras in the courtroom.
- Judges say cameras invite grandstanding by lawyers, intimidate jurors and witnesses, or cause select sound bites to reflect poorly on the court.
- Introduce the possibility of using artificial intelligence to create deepfake videos about courtroom proceedings, and judges may get even more skittish.
- One study indicates that recording trials can actually help train better lawyers by viewing, not just reading about, previous cases.
- A 1994 Federal Judicial Center study found that judges and lawyers noted little-to-no detrimental effect of cameras on federal proceedings.