Wow.
I posted speculation with concerns that the four right-wing extremists on the Supreme Court are a worry for gay right.
I am digsuted with them right now. I did not expect *televising the trial* would be politicized.
Our great Supreme Court just ruled on the trial judge's ruling to broadcast the trial, which the gay-equality advocates want and the anti-gay advocates do not, in a *5-4* ruling, against cameras.
Every one of the right-wing radicals ruled how the anti-gay people wanted, and every one of the mainstream judges ruled how the gay equality advocates wanted.
I said in the last post I don't trust Kennedy; as usual he was the tie breaker and sided with the right-wing extremists. So the trial will not be televised.
It's despicable that so many issues are decided by ideologues, and not the law - but for even the legality of televising the hearing to gt a 5-4 ruling shows how broken these right-wingers have made the court.
I said before they were confirmed they will cause decades of harm to the country. They are.
I have read the SCOTUS opinion on this. The issue is more limited than you think. Youtube and CourtTV broadcasts were already prohibited by the trial court because this runs afoul of longstanding court rules which apply to every case. The issue decided by the SCOTUS was, should they be allowed to broadcast it by closed circuit to five other courtrooms throughout the US, where they would seat additional reporters. These reporters would be prohibited from taking photos or video. The idea was only to effectively increase the number of reporters allowed to view the trial beyond the physical confines of Judge Walker's courtroom.
The legal issue was pretty narrow. The First District Court has a local rule that bans any and all broadcasting of court proceedings. They tried to amend that rule on the fly to create a pilot program to permit closed circuit broadcasting in this case. The majority opinion says that they did not comply with the proper procedure for amending their local court rule. The dissent says they did.
For the record, I agree with the reasoning of the dissent here. However, there wasn't that much at stake. There wouldn't have been any Youtube broadcasts. The court would have to totally reverse its longstanding rule for that to take place, which would apply to all trials, not just this one.
N.D. Cal local rule 77-3 (effective 1995):
"Unless allowed by a Judge or a Magistrate Judge with respect to his or her own chambers or assigned courtroom for ceremonial purposes, the taking of photographs, public broadcasting or televising, or recording for those purposes in the courtroom or its environs, in connection with any judicial proceeding, is prohibited. Electronic transmittal of courtroom proceedings and presentation of evidence within the confines of the courthouse is permitted, if authorized by the Judge or Magistrate Judge. The term environs, as used in this rule, means all floors on which chambers, courtrooms or on which Offices of the Clerk are located, with the exception of any space specifically designated as a Press Room. Nothing in this rule is intended to restrict the use of electronic means to receive or present evidence during Court proceedings."
- wolf