Legal News

Prop 8. Trial to be Shown on YouTube. But Is That a Good Thing?

By Ashby Jones

What to make of this news, reported on Wednesday, that the Proposition 8 trial will be shown, not on television, but on a delayed basis on YouTube?

On the one hand, as part of the unabashed lookie-loo media, we couldn’t be happier. On the other, we’re somewhat sympathetic to concerns from potential witnesses in the trial that YouTubing their testimony might provide a bit dangerous. Click here and here for stories on the ruling, made Wednesday by San Francisco federal judge Vaughn Walker.

Judge Walker (pictured) on Wednesday approved a limited form of broadcasting for the trial, concluding it’s the type of case that warrants breaking with traditions that generally have outlawed cameras in the nation’s federal courts.

“I think it’s worth trying in this case,” the judge told his courtroom. According to the Mercury News, he becomes the first federal trial judge to make use of an experimental program put in place recently by the 9th Circuit Judicial Council. The council in December decided to allow federal trial courts to broadcast nonjury civil trials, just in time for the Proposition 8 proceeding, slated to begin next Monday.

Supporters of the lawsuit, intended to shoot down Prop. 8, cheered the ruling. But not everyone was so enthusiastic. “The knowledge that you’re testifying to untold thousands or millions . . . can cause some witnesses to become more timid” and induce others to be overly dramatic, said Michael Kirk, an attorney for Prop. 8 supporters, according to the SF Chron.

But Walker was having none of it. He cited the wide interest in the case and said most of the witnesses will be campaign officials or academic experts accustomed to speaking in public.

“I’ve always thought that if the public could see how the judicial process works, they would take a somewhat different view of it,” the judge said.

LBers, any thoughts on Walker’s ruling? Will you tune in?

Full post as published by Law Blog - WSJ.com on January 07, 2010 (boomark / email).