Litigation

YouTube Allowed for Prop. 8 Trial

By Peter Hardin

The upcoming federal court trial of a lawsuit challenging California’s Proposition 8 ban on same-sex marriages appears headed for  limited broadcasting.

U.S. District Judge Vaughn Walker said Wednesday he would permit court-operated cameras in his courtroom for the trial, and video could be released on a delayed basis on YouTube, the San Jose Mercury News reported.

Lawyers for supporters of the same-sex marriage ban had objected to televising of the trial, saying their witnesses might be harassed and intimidated. But Judge Walker responded that the case would give the public a chance to see how courts work, and it would be appropriate for broadcast, according to Bloomberg.

“This is a case which merits a very serious consideration for widespread distribution,” the judge said at a hearing. Involved in the case are issues that “people think about, talk about, debate about, consider. So I think it’s worth trying in this case.”

A court employee will videotape the trial proceedings, then provide the video to YouTube later that day, the judge said, according to an article by the Associated Press.

A pilot program to permit some cameras in federal district courtrooms for non-jury, civil proceedings recently was approved by the governing body for federal courts in the western states covered by the 9th U.S. Circuit Court of Appeals (see earlier Gavel Grab post.) Attorneys for sponsors of Proposition 8 have challenged the legality of an amended rule to permit cameras in those courtrooms; lawyers opposing the ban supported televised proceedings.

Judge Walker indicated he would be able to halt the videotaping at any moment. Live broadcasts would be transmitted to courthouse facilities in several other cities, according to a report by NBCbayArea.com. The trial is scheduled to begin Monday.

Full post as published by The Gavel on January 07, 2010 (boomark / email).