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Federal judge rules Proposition 8 trial can be broadcast on YouTube

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] A federal judge ruled Wednesday that the trial over the constitutionality of Proposition 8, which banned same-sex marriage in California, will be videotaped and broadcast on YouTube. Judge Vaughn Walker of the US District Court for the Northern District of California ruled that while the trial will not be broadcast live, it will be recorded and posted on the court's YouTube channel. Walker's ruling came over the objection of Proposition 8 supporters, who argued that broadcasting the proceedings would result in an unfair trial because of witness intimidation. The broadcast is allowed under an experimental program approved by the US Court of Appeals for the Ninth Circuit last month that allows cameras in civil, non-jury cases. The case, Perry v. Schwarzenegger, is set to go to trial is on Monday. Last month, the Ninth Circuit ruled that same-sex marriage proponents cannot access Proposition 8 supporters' internal campaign communications. The court denied disclosure of the documents on First Amendment grounds, reversing a decision by Walker. In November, the Ninth Circuit affirmed Walker's denial of a motion to intervene in the suit by conservative advocacy group the Campaign for California Families. The lawsuit was filed in May by former US solicitor general Ted Olson and prominent litigator David Boies, who were opposing counsel in Bush v. Gore, which decided the outcome of the contested 2000 US Presidential election. Proposition 8 was approved by California voters in November 2008.

Full post as published by JURIST - The Paper Chase on January 07, 2010 (boomark / email).