Legal Commentary

Proposition 8?s Defenders Seek Stay of YouTube Order

By Jonathan H. Adler

Ed Whelan reports that counsel for the sponsors of California?s Proposition 8 ? the ballot proposition that overturned gay marriage in the state ? have filed an application for a stay of district court Judge Vaughn Walker?s order to have video of the the trial challenging Prop 8 posted on YouTube.  While I have some ambivalence about whether it makes sense to televise judicial proceedings of this sort ? and think some of the objections to televising this trial are overwrought ? Ed Whelan?s makes a fairly persuasive case that Judge Walker bent the rules to achieve a predetermined outcome, and that his order is of questionable legality.  (If there?s a substantive reponse to Whelan?s account, I?d be happy to post a link.)

UPDATE: More from SCOTUSBlog here.

Full post as published by The Volokh Conspiracy on January 10, 2010 (boomark / email).