Public Broadcasting

Public Broadcasting (Broadcasting)

This section introduces, discusses and describes the basics of public broadcasting. For additional information on broadcasting in general, please see here. Then, cross references and a brief overview about Broadcasting is provided. Finally, the subject of Communications Law in relation with public broadcasting is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

U.S. Judicial Conference Policy Regarding the Broadcast of Court Proceedings

The United States Judicial Conference policy does not allow courtroom proceedings in civil and
criminal proceedings in the district courts to be broadcast, televised, recorded, or
photographed for the purpose of public dissemination. JCUS Proceedings, Sept.
1994, at 46–47. However, in March 1996, the Judicial Conference adopted a policy
that allows each court of appeals to determine whether appellate proceedings before
it will be broadcast. JCUS Proceedings, Mar. 1996, at 17.

The Judicial Conference, at its September 1996 meeting (JCUS Proceedings, Sept.
1996, at 54), adopted the following policy to reflect the Judicial Conference policy
decisions of September 1994 (JCUS Proceedings, Sept. 1994, at 46) and March
1996 (JCUS Proceedings, Mar. 1996, at 17).

A judge may authorize broadcasting, televising, recording, or taking photographs
in the courtroom and in adjacent areas during investitive, naturalization, or other
ceremonial proceedings. A judge may authorize such activities in the courtroom
or adjacent areas during other proceedings, or recesses between such other proceedings,
only:

• for the presentation of evidence;
• for the perpetuation of the record of the proceedings;
• for security purposes;
• for other purposes of judicial administration;
• for the photographing, recording, or broadcasting of appellate arguments; or
• in accordance with pilot programs approved by the Judiciary Conference (e.g.,
  JCUS-SEP10, pp. 11–12).

Guide to Judiciary Policy, vol. 10, ch. 4, § 420

The Guide to Judiciary Policy’s commentary provides that with the exception of
ceremonial proceedings and appellate proceedings, Conference policy does not
authorize the contemporaneous transmission of photographs, recordings, or
broadcasts of proceedings from the courtroom to the public beyond the
courthouse walls. The Judicial Conference remains of the view that it would not
be appropriate to require all non-ceremonial proceedings to be subject to media
broadcasting.

Also, except in connection with the enumerated exceptions, the
Conference policy does not authorize audio or video taping in the courtroom for
the purpose of subsequent public dissemination. Where an audio or video taping
is used to perpetuate the official record, that record will be available to the public
and the media to the same extent that an official transcript record is currently
available to them.