New York is the only state that still prohibits cameras in courtrooms. It’s long past time for that to change.
Despite the nationwide popularity of the practice, New York and the District of Columbia continue to ban audio-visual coverage in courts. New York ran a successful trial program adding cameras in the 1990’s, but then-state Assembly Speakerblocked permanent implementation . More recently, New York courts made audio recordings of trials available to the public, but only as an emergency measure due to the lack of physical access amid the COVID-19 pandemic.
This is not just about Trump, or merely an issue of transparency. It’s a matter of fairness. Many New Yorkers do not have the opportunity to attend court in person for reasons of work, health, childcare responsibilities, or lack of transportation. For certain trials, the number of interested observers can far exceed the capacity of the courtroom. There aren’t enough overflow courtrooms in America to accommodate the estimated 18.
“The day may come when television will have become so commonplace an affair in the daily life of the average person as to dissipate all reasonable likelihood that its use in courtrooms may disparage the judicial process,” wrote Justice John Harlan when the Supreme Court tossed Billie Sol Estes’s conviction in 1965. His words are now beyond self-evident. Modern technology has transcended the difficulties that led to bans on such coverage. There are no more whirling, noisy cameras.
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