Court: U.S. Court of Appeals for the Third Circuit
Date Filed: June 5, 2020
Update: In a ruling issued on Sept. 29, 2020, the U.S. Court of Appeals for the Third Circuit reversed the district court’s decision, holding that the First Amendment does not mandate that courts create records of proceedings, nor that they allow members of the public to create such records.
Background: In 2019, the Philadelphia Bail Fund, a nonprofit advocating for reform of Philadelphia’s bail system, filed a lawsuit challenging the constitutionality of certain Pennsylvania court rules that prevent the public, including the news media, from making audio recordings of bail hearings.
In February 2020, the U.S. District Court for the Eastern District of Pennsylvania granted summary judgment for the nonprofit, ruling that the arraignment court magistrate judges must either provide the public official audio recordings or transcripts of the proceedings or allow members of the public and the news media to make their own recordings.
The magistrate judges appealed the decision to the U.S. Court of Appeals for the Third Circuit, arguing, among other things, that the First Amendment does not guarantee the right to record audio during court hearings.
Our Position: The Third Circuit should affirm the district court’s ruling that the Philadelphia Bail Fund has the right to record bail hearings.
- The First Amendment right of access applies to bail hearings.
- The challenged rules limit the ability of the press to report about bail hearings.
Quote: “In the absence of an official transcript or recording, the challenged rules prohibiting journalists from recording bail hearings impermissibly burden their ability to report about such judicial proceedings for the benefit of the public at large.”
Related: In January 2020, the Reporters Committee and the Pennsylvania NewsMedia Association filed a friend-of-the-court brief urging a Pennsylvania district court to deny a defendant’s motion to dismiss in a similar case, arguing for the public’s right to record in bail hearings and other proceedings when official transcripts and recordings aren’t available.
The Reporters Committee maintains an “Open Courts Compendium,” which includes information about court access laws for each state and federal circuit.