II 

110TH CONGRESS 

1ST SESSION S. 352 

To provide for media coverage of Federal court proceedings. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 22, 2007 

Mr. GRASSLEY (for himself, Mr. SCHUMER, Mr. LEAHY, Mr. SPECTER, Mr. 

GRAHAM, Mr. FEINGOLD, Mr. CORNYN, Mr. DURBIN, Mr. CRAIG, and 

Mr. ALLARD) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To provide for media coverage of Federal court proceedings. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Sunshine in the Court5 room Act of 2007’’. 

6 SEC. 2. FEDERAL APPELLATE AND DISTRICT COURTS. 

7 (a) DEFINITIONS.—In this section: 

8 (1) PRESIDING JUDGE.—The term ‘‘presiding 

9 judge’’ means the judge presiding over the court 

10 proceeding concerned. In proceedings in which more 

11 than 1 judge participates, the presiding judge shall 


jlentini on PROD1PC65 with BILLS
2 

•S 352 IS

1 be the senior active judge so participating or, in the 

2 case of a circuit court of appeals, the senior active 

3 circuit judge so participating, except that— 

4 (A) in en banc sittings of any United 

5 States circuit court of appeals, the presiding 

6 judge shall be the chief judge of the circuit 

7 whenever the chief judge participates; and 

8 (B) in en banc sittings of the Supreme 

9 Court of the United States, the presiding judge 

10 shall be the Chief Justice whenever the Chief 

11 Justice participates. 

12 (2) APPELLATE COURT OF THE UNITED

13 STATES.—The term ‘‘appellate court of the United 

14 States’’ means any United States circuit court of ap15 peals and the Supreme Court of the United States. 

16 (b) AUTHORITY OF PRESIDING JUDGE TO ALLOW

17 MEDIA COVERAGE OF COURT PROCEEDINGS.— 

18 (1) AUTHORITY OF APPELLATE COURTS.— 

19 (A) IN GENERAL.—Except as provided 

20 under subparagraph (B), the presiding judge of 

21 an appellate court of the United States may, at 

22 the discretion of that judge, permit the 

23 photographing, electronic recording, broad24 casting, or televising to the public of any court 

25 proceeding over which that judge presides. 


jlentini on PROD1PC65 with BILLS
3 

•S 352 IS

1 (B) EXCEPTION.—The presiding judge 

2 shall not permit any action under subparagraph 

3 (A), if— 

4 (i) in the case of a proceeding involv5 ing only the presiding judge, that judge de6 termines the action would constitute a vio7 lation of the due process rights of any 

8 party; or 

9 (ii) in the case of a proceeding involv10 ing the participation of more than 1 judge, 

11 a majority of the judges participating de12 termine that the action would constitute a 

13 violation of the due process rights of any 

14 party. 

15 (2) AUTHORITY OF DISTRICT COURTS.— 

16 (A) IN GENERAL.— 

17 (i) AUTHORITY.—Notwithstanding 

18 any other provision of law, except as pro19 vided under clause (iii), the presiding judge 

20 of a district court of the United States 

21 may, at the discretion of that judge, per22 mit the photographing, electronic record23 ing, broadcasting, or televising to the pub24 lic of any court proceeding over which that 

25 judge presides. 


jlentini on PROD1PC65 with BILLS
4 

•S 352 IS

1 (ii) OBSCURING OF WITNESSES.—Ex2 cept as provided under clause (iii)— 

3 (I) upon the request of any wit4 ness (other than a party) in a trial 

5 proceeding, the court shall order the 

6 face and voice of the witness to be 

7 disguised or otherwise obscured in 

8 such manner as to render the witness 

9 unrecognizable to the broadcast audi10 ence of the trial proceeding; and 

11 (II) the presiding judge in a trial 

12 proceeding shall inform each witness 

13 who is not a party that the witness 

14 has the right to request the image and 

15 voice of that witness to be obscured 

16 during the witness’ testimony. 

17 (iii) EXCEPTION.—The presiding 

18 judge shall not permit any action under 

19 this subparagraph, if that judge deter20 mines the action would constitute a viola21 tion of the due process rights of any party. 

22 (B) NO TELEVISING OF JURORS.—The 

23 presiding judge shall not permit the televising 

24 of any juror in a trial proceeding. 


jlentini on PROD1PC65 with BILLS
5 

•S 352 IS

1 (3) ADVISORY GUIDELINES.—The Judicial Con2 ference of the United States may promulgate advi3 sory guidelines to which a presiding judge, at the 

4 discretion of that judge, may refer in making deci5 sions with respect to the management and adminis6 tration of photographing, recording, broadcasting, or 

7 televising described under paragraphs (1) and (2). 

8 (4) SUNSET OF DISTRICT COURT AUTHORITY.— 

9 The authority under paragraph (2) shall terminate 

10 3 years after the date of the enactment of this Act. 

Æ 


jlentini on PROD1PC65 with BILLS