Study Shows Increasing U.S. Supreme Court Skepticism of the Press

A new study scheduled to be published in the North Carolina Law Review does show an apparent decline in the U.S. Supreme Court’s view of the press. 

https://scpress.org/study-shows-increasing-u-s-supreme-court-skepticism-of-the-press/

When perceived libel gets deadly

My July column for the South Carolina Press Association:

First Amendment February at the U.S. Supreme Court

My latest South Carolina Press Association column:

February may be the shortest month, but it is full of arguments in major First Amendment cases at the U.S. Supreme Court. And while none of the cases directly involve the media, whenever the High Court considers a free speech case there is the possibility of major impact on First Amendment law generally.

Supreme Double Standard on Cell Phones in Court

I've written before about the fact that many courthouses "ban" cellphones and other electronic devices from parts of the building, or from the entire edifice, often have exemption for a select elite: judges and their staffs, often along with lawyers, police officers, and others.

Yesterday's incident at the U.S. Supreme Court points this out to an extreme.

Michigan Case Doesn't Show the Way on Device Bans

Michigan Live reports that a Michigan man has filed an appeal with the U.S. Supreme Court challenging a policy banning cell phones from courthouses in Saginaw County, Michigan. While I am sympathetic with the plaintiff's case here, it is extremely unlikely that the Supreme Court will take the case. And even if it did, the Court would likely not rule for the plaintiff because of the technicalities of this particular case.

Pot, Meet Kettle? Supreme Court Criticizes Judicial Internet Research

It has been shown both empirically and anecdotally that the justices of the U.S. Supreme Court have conducted their own internet research in order to decide cases. But now that Court has criticized a Maryland appeals court for doing the same thing.

Third Circuit May Join Video Party

According to Howard J. Bashman, the federal Third Circuit Court of Appeals, which is based in Philadelphia and hears appeals from federal cases in Delaware, New Jersey, Pennsylvania and the Virgin Islands, is working on putting video of all of its oral arguments on YouTube.

The Experiment Ends: With What Result?

The federal courts have announced the end of the four-year experiment in which selected federal cases were recorded with video cameras and the videos posted online. The next step, according to the Judicial Conference, will be the creation of a camera policy for all federal courts, possibly at a meeting in March.

Supreme Court's Camera Pananoia Snares Intern

Politico reports that there has been another instance of an unauthorized camera in the Supreme Court: this time, by a CNN intern in the court's press room.

Another Supreme Court Video Surfaces, Showing Folly of Camera Ban

For the third time in about 14 months, activists have released a video of them interrupting proceedings of the U.S. Supreme Court.

New SCOTUS Press Pass Policy: More of the Same

The U.S. Supreme Court has issued its first formal guidelines for issuance of press passes, after its unwritten policies were questioned because of its refusal to issue a credential to SCOTUSBlog. But the new rules are not likely not help the website.

More Illicit Supreme Court Video

Still and video cameras are still officially not allowed in the courtroom of the U.S. Supreme Court, but for the second time in as many years a video has surfaced that was taken while the court was in session.

Credential Decision Circles the Wagons

Back when I was a lawyer in Washington, D.C. -- for the Reporters Committee for Freedom of the Press -- I received an invitation to "cover" President Clinton's announcement of his nomination of Ruth Bader Ginsburg to the U.S. Supreme Court. When I arrived at the White House gate, I had to wait a bit while the Secret Service checked my ID. As I waited, members of the regular White House press corps arrived, and tried to flash their access passes and get through the checkpoint. When they were delayed because of the line of non-regulars like me, they got upset and belligerent.  They yelled, and banged on the glass windows of the booth. Eventually they -- and I -- got in for the press conference.

I'm reminded of this incident because of the recent decision by the Standing Committee of Correspondents of the Senate Press Gallery denying Senate press credentials to SCOTUSblog.com. Both incidents reveal an "insider," "us-versus-them" attitude of the established press towards other sources of news: an attitude that is increasingly anachronistic in the modern media age.

Supreme Court's Risen Denial Probably a Good Thing

I wanted to write something on this topic, but because I injured my hand playing volleyball, I can't type much.

So I'm glad Matthew Cooper -- who has his own experience with reporters privilege -- has written an article explaining that the result would have likely been bad for the press had the U.S. Supreme Court decided to review the James Risen case. The court declined to review the case on Monday.

SCOTUS Undercover Video Appears to Violate Camera Ban

cross posted at the Digital Media Law Project

People are discovering a recently-posted You Tube video that apparently shows both a portion of the oral argument in a campaign finance case in October 2013 and Wednesday's interruption of an oral argument before the U.S. Supreme Court.

Justices Use Internet "Extrinsic Evidence" in Big Cases

Two of the Supreme Court's recent major decisions provide vivid examples of my prior blog post about judges (and Supreme Court justices in particular) using "extrinsic evidence" -- materials other than what the lawyers present to them in briefs, trial, or argument -- to make judicial rulings.

Twitter Overruled in Supreme Court

One of the persistent issues that I've written about on this blog is the use of Twitter in the courtroom: both authorized use by journalists and unauthorized use by jurors and other trial participants. This is a growing issue that an increasing number of trial and appellate courts across the country are facing.

Hot Topics

Two of the issues that I've frequently written on this blog and elsewhere are jurors' use of social media and the Internet, and public access to court proceedings, including cameras in courtrooms.

I've been interviewed on both of these topics in the past few days.