11A

A. Authorization

A. Authorization

Overview

8th Cir.

The Eighth Circuit has the discretion to deny media requests to copy audio and audiovisual evidence admitted in trials without violating the First Amendment or common law right of access so long as access to the trial is provided. U.S. v. McDougal, 103 F.3d 651 (8th Cir. 1996); United States v. Webbe, 791 F. 2d 103 (8th Cir. 1986).

A. Authorization

Overview

7th Cir.

Courts may not use the argument that the poor quality of audio tapes creates a potential for inaccurate reporting in order to deny access. See United States v. Guzzino, 766 F.2d 302 (7th Cir. 1985). 

A. Authorization

Overview

2nd Cir.

The First Amendment right of access only protects physical access, not cameras or other recording equipment. See Westmoreland v. CBS, Inc., 752 F.2d 16 (2d Cir. l984). 

A. Authorization

Overview

Washington

Broadcasting a trial does not infringe on a criminal defendant’s due process rights, unless he can show specific prejudice. See State v. Wixon, 30 Wash. App. 63, 631 P.2d 1033 (Wash. Ct. App. 1981). 

A. Authorization

Overview

Virginia

Virginia does not recognize a right to broadcast court proceedings; trial courts have discretion under Virginia Code § 19.2-266 to permit or deny photography and filming in the courtroom. See Va. Broad. Corp. v. Commonwealth, 749 S.E.2d 313 (Va. 2013). 

A. Authorization

Overview

Michigan

Michigan does not recognize a First Amendment right to record courtroom proceedings.

A. Authorization

Overview

New Jersey

Media audiovisual coverage of a criminal trial is not inherently a violation of the defendant’s due process rights or right to fair trial. See State v. Newsome, 177 N.J. Super. 221, 426 A.2d 68 (N.J. Super. Ct. App. Div. 1981).

A. Authorization

Overview

6th Cir.

A. Authorization

Overview

Ohio

In 1982, the Ohio Supreme Court adopted rules authorizing photo and video coverage of trial and appellate proceedings, given advance permission of the court and compliance with the court’s guidelines. See In re Canon 3A(7), Code of Judicial Conduct, 7 Media L. Rep. 2336 (Ohio 1981). 

A. Authorization

Overview

Maryland

Maryland Rule 16-109 governs the use of cameras or other recording equipment by the news media in their reporting on civil and appellate proceedings. Use of such equipment in reporting on criminal trials and proceedings is forbidden by statute. Md. Code Ann., Crim. Proc. § 1-201.