Legal Research

The Revolution Will Not Be Televised

By Omar Ha-Redeye

We might be used to seeing archived video footage of legal proceedings on the SCC site or through CPAC, but on YouTube?

Simon Fodden previous mentioned the initiative the United States District Court for the Northern District of California to upload the Proposition 8 appeal in Perry v. Schwarzenegger.

Well it seems that the objections aired over the broadcast have gained some support with a decision by the Supreme Court of the United States.  The term court order issued today states,

…permitting real-time streaming is stayed except as it permits streaming to other rooms within the confines of the courthouse in which the trial is to be held.

The court also stayed other means of broadcast, presumably YouTube, pending further order.

However, Justice Stephen Breyer issued a dissent, citing Conkright v. Frommert, 556 U. S. ____ (2009), where the applicants also sought a stay of proceedings while they filed a petition for certiorari.  The Court in Conkright stated,

Denial of such in-chambers stay applications is the norm; relief is granted only in ?extraordinary cases.?

The test used in Conkright is:

• a reasonable probability that a majority would grant certiorari
• a fair prospect of success on the issue at appeal
• a likelihood of irreparable harm from a denial

The irreparable harm component not terribly dissimilar from the test used for interlocutory injunctions in Canada in RJR-Macdonald.  According to Justice Breyer, the likelihood of irreparable harm was low based on the submissions provided.

It does seem as if the California court has struggled over the issue even before today’s order.  You can see a test of the audio system on YouTube.  And it looks like this open Request for Quotation which ended last week might relate to the same project.

The court has set up a dedicated webpage for documents related to the case which should include any further developments.

Full post as published by Slaw.ca on January 11, 2010 (boomark / email).