Cameras in the Courtroom

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Cameras in the Courtroom

This fall, Zacarias Moussaoui is scheduled to go to trial for his participation in the airplane bombing of the World Trade Center in New York City. Along with the media frenzy that accompanies a trial of this magnitude, a separate battle is being waged between Courtroom Television Network LLC (Court-TV) and the U.S. Government over the right of the former to televise trial proceedings.

The Government of the United States’ opposition is stated in a legal brief dated January 4, 2002. Their stance is that “the televising of federal criminal trials is prohibited by both Federal Rule of Criminal Procedure 53 (‘The taking of photographs in the courtroom during the progress of judicial proceedings or radio broadcasting of judicial proceedings from the courtroom shall not be permitted by the court.’) and Local Rule 83.3 of the United States District Court for the Eastern District of Virginia.” The Government contends that Rule 83 does not allow individual judges to grant the right to televise criminal proceedings, but that the rule applies “in all situations with no exceptions.”

In section II of the brief, the prosecution attacks the claims by Court-TV that the First Amendment protects their televising of proceedings. In summarizing several Supreme Court cases where the issue of cameras in the courtroom was brought to the forefront, the U.S. Government effectively shows that Court-TV cannot claim First Amendment protection.

Section IV finds the prosecution attesting that Court-TV has given no valid argument as to why the proceedings should be televised. They claim that while opening the courtroom to the public assures that the proceedings are conducted fairly, “there is no reason to believe tha...

... middle of paper ...

.... Jurors voting to convict, and justices presiding over the trial would then also be at risk. Although Court-TV affirms that they will take measures to ensure the anonymity of any who wish it, a trial with most of those in attendance ‘blocked out’ is not fit for broadcast, and not altogether possible. However, in providing closed circuit access, the Government is themselves putting these players in harm’s way.

The prosecution also points out that publicity and acknowledgement is what the al-Qaida wants most. By publicly broadcasting this trial, it is essentially giving them exactly what they want. I believe that the public benefit far outweighs the concern anyone should have over the al-Qaida.

Therefore, I feel that Court-TV should be allowed to broadcast the trial of Zacarias Moussaoui if, and only if, they can find a way to adequately protect those involved.

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