I
103D CONGRESS
2D SESSION
H. R. 5307
To amend title 28, United States Code, with respect to photographing,
recording, and broadcasting court proceedings.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 29, 1994
Mr. SCHUMER introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend title 28, United States Code, with respect to
photographing, recording, and broadcasting court pro-
ceedings.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FINDINGS.
The Congress finds that—
(1) the right to public trials and other court
proceedings is protected by the First and Sixth
Amendments to the Constitution;
(2) while members of the public once commonly
attended trials in person, today they must rely on
the print and electronic media to learn about court
proceedings;
(3) Americans’ understanding of the courts and
their important work, as well as respect for the judi-
cial system, is enhanced when photographic and elec-
tronic media coverage is permitted;
(4) while 47 States now allow photographic and
electronic media coverage of some or all of their
courts, Federal courts have been entirely closed to
such coverage, aside from a limited experimental
program;
(5) the presence of cameras and microphones in
the courtroom does not deny litigants due process of
law, or interfere with the fundamental fairness of
the trial, as the Supreme Court recognized more
than a decade ago in Chandler v. Florida; and
(6) photographic and electronic media coverage
of the courts does not, when appropriately regulated,
either disrupt the proceedings or undermine the fair
administration of justice.
SEC. 2. MEDIA COVERAGE OF COURT PROCEEDINGS.
Chapter 111 of title 28, United States Code, is
amended by adding at the end the following new section:
‘‘§ 1659. Media coverage of court proceedings
‘‘(a) MEDIA COVERAGE.—
‘‘(1) IN CRIMINAL PROCEEDINGS.—The Judicial
Conference shall, within 1 year after the effective
date of this section, authorize an experimental pro-
gram in which the presiding judge of a court of the
United States may, in his or her discretion, and sub-
ject to the provisions of this section, permit photo-
graphic or electronic media coverage of criminal
court proceedings, including trials. At least 15 Fed-
eral judicial districts shall participate in the experi-
mental program.
‘‘(2) IN
CIVIL
PROCEEDINGS.—Any presiding
judge of a court of the United States may, in his or
her discretion, and subject to the provisions of this
section, permit photographic or electronic media cov-
erage of civil court proceedings, including trials.
‘‘(3) GENERAL LIMITATIONS.—The court may
in any case refuse, limit, or terminate photographic
or electronic media coverage in the interests of jus-
tice to protect the rights of the parties and the dig-
nity of the court, or to assure the fair administra-
tion of justice. No changes in the scheduling, form,
or procedure of any court proceeding may be made,
by virtue of this section, for the benefit of the media
in providing photographic or electronic media cov-
erage under this section.
‘‘(b) PERMISSION TO USE MEDIA COVERAGE.—
‘‘(1) REQUESTS FOR PERMISSION.—A request
for permission to use photographic or electronic
media coverage of a court proceeding under this sec-
tion shall be made on a form approved by the Judi-
cial Conference that is filed within a reasonable time
before the portion of the proceeding for which media
coverage is requested. The clerk of the court shall
promptly notify the parties to the proceeding of the
request.
‘‘(2) ACTION OF THE COURT ON REQUESTS.—
A decision of the court granting or denying a re-
quest for photographic or electronic media coverage
shall be in writing and shall be included in the
record of the court proceedings. A decision to permit
such coverage shall contain any restrictions imposed
by the judge on the photographic or electronic media
coverage and shall contain a statement advising the
parties that any violation of the rules of the court
with respect to such permission may be punished by
the court as a contempt thereof. A decision of the
court under this paragraph to grant or deny a re-
quest for photographic or electronic media coverage
may be set aside on review only if it is found to be
an abuse of discretion.
‘‘(3) PRETRIAL CONFERENCE.—A pretrial con-
ference shall be held in each case in which photo-
graphic or electronic media coverage of a proceeding
has been approved. At such conference, the presiding
judge shall review with counsel and the media who
will participate in the photographic or electronic
media coverage the restrictions to be imposed on
such coverage. Counsel shall convey to the court any
concerns of prospective witnesses with respect to the
photographic or electronic media coverage.
‘‘(c) PROHIBITED COVERAGE.—
‘‘(1) 
PROHIBITIONS.—Proceedings 
held 
in
chambers, proceedings closed to the public, and jury
selection shall not be photographed, recorded, or
broadcast under this section. The testimony of police
informants, minors, undercover agents, and in cases
involving sex offenses, the victim and family of the
victim, shall not be photographed, recorded, or
broadcast under this section. Conferences between
an attorney and a client, witness, or aide, between
attorneys, or between counsel and the court at the
bench shall not be recorded or received by sound
equipment. Closeup photography of jurors is prohib-
ited.
‘‘(2) ARRAIGNMENTS AND SUPPRESSION HEAR-
INGS.—Photographic or electronic media coverage of
arraignments and suppression hearings shall not be
permitted unless the proceedings are open to the
public.
‘‘(3) WITNESSES AT CRIMINAL TRIALS.—Upon
the request of a witness in any criminal proceeding
for which photographic or electronic media coverage
is permitted under this section, the presiding judge
may, for good cause shown based on the cir-
cumstances of that witness, order that the visual
image of the witness be obscured.
‘‘(d) EQUIPMENT AND PERSONNEL.—The court may
require media personnel to demonstrate that equipment
proposed to be used for photographic or electronic media
coverage under this section complies with this section. The
court may specify the placement of media personnel and
equipment to permit reasonable coverage without disrup-
tion of the proceedings. Unless the court in its discretion
orders otherwise, the following applies:
‘‘(1) Only 2 television cameras and 2 still pho-
tographers, with not more than 4 cameras and 6
lenses, are permitted.
‘‘(2) Equipment shall not produce distracting
sound or light. Signal lights or devices indicating
when equipment is operating shall not be visible.
‘‘(3) If the court permits existing courtroom
sound and lighting systems to be modified, the modi-
fications shall be installed, maintained, and removed
without cost to the Federal Government. Micro-
phones and wiring shall be unobtrusively located in
places approved by the court and shall be operated
by 1 person.
‘‘(4) Operators shall not move equipment or
enter or leave the courtroom while the court is in
session, or otherwise cause a distraction.
‘‘(5) Equipment or clothing shall not bear the
insignia or marking of a media agency.
‘‘(e) POOLING.—If media agencies are unable to
agree on arrangements for pooled coverage of a proceed-
ing, the court shall deny photographic and electronic
media coverage of the proceeding under this section.
‘‘(f) OTHER
PHOTOGRAPHING, RECORDING, 
OR
BROADCASTING.—Any 
photographing, 
recording, 
or
broadcasting of court proceedings, other than that per-
mitted under this section, is prohibited unless specifically
authorized by the court, except that the court may not
waive any provision of subsection (c).
‘‘(g) REVIEW COMMITTEE.—
‘‘(1) CREATION.—There shall be created a com-
mittee to evaluate whether photographic or elec-
tronic media coverage of criminal court proceedings
should be permitted after June 30, 1998, or whether
such coverage so disrupts or interferes with the fair-
ness of criminal court proceedings as to justify its
prohibition.
‘‘(2) MEMBERSHIP.—The committee shall con-
sist of 16 members, 4 to be appointed by the Judi-
cial Conference, 4 to be appointed by the Attorney
General of the United States, 2 to be appointed by
the Speaker of the House of Representatives, 2 to
be appointed by the minority leader of the House of
Representatives, 2 to be appointed by the majority
leader of the Senate, and 2 to be appointed by the
minority leader of the Senate. The chair of the com-
mittee shall be appointed by the Judicial Conference.
At least 1 member of the committee appointed by
the Attorney General shall be a representative of the
electronic news media, and at least 1 member of the
committee appointed by the Judicial Conference
shall be a trial judge who has had experience with
photographic or electronic media coverage of court
proceedings.
‘‘(3) DUTIES.—The committee shall evaluate,
analyze, and monitor the effect of media coverage of
criminal court proceedings on the administration of
justice. The Federal Judicial Center shall cooperate
with the committee in connection with the review of
the impact of photographic or electronic media cov-
erage on criminal court proceedings. The committee
may request participation and assistance from bar
associations in carrying out its functions.
‘‘(4) COMPENSATION.—The members of the
committee shall serve without compensation for their
services as members of the committee, except that
each member of the committee who is not an officer
or employee of the Federal Government may be al-
lowed necessary and actual expenses incurred in the
performance of his or her duties under this sub-
section. Such expenses shall be paid by the Adminis-
trative Office of the United States Courts.
‘‘(5) 
RECOMMENDATIONS.—The 
committee
shall make recommendations to the Congress and to
the Judicial Conference with respect to the efficacy
of the experimental program authorized by sub-
section (a)(1), the effects of the program on the ad-
ministration of justice, and whether the program
should be continued. Such recommendations shall be
submitted not later than January 31, 1998.
‘‘(h) RULES AND REGULATIONS.—The Judicial Con-
ference shall promulgate appropriate rules to carry out
this section after affording all interested persons, agen-
cies, and institutions an opportunity to review and com-
ment thereon. Such rules shall include provisions to ensure
that the photographic or electronic media coverage of
court proceedings does not interfere with the decorum and
dignity of courtrooms and court facilities.
‘‘(i) DEFINITIONS.—For purposes of this section—
‘‘(1) the term ‘photographic or electronic media
coverage’ means any recording or broadcasting of
court proceedings by the media using television,
radio, photographic, or recording equipment; and
‘‘(2) the term ‘media’ or ‘media agency’ means
any person or organization engaging in news gather-
ing or reporting and includes any newspaper, radio
or television station or network, news service, maga-
zine, trade paper, in-house publication, professional
journal, or other news reporting or news gathering
agency.
‘‘(j) TERMINATION OR EXTENSION OF PROGRAM.—
‘‘(1) TERMINATION.—Subject to paragraph (2),
the experimental program authorized by subsection
(a)(1) shall terminate on June 30, 1998.
‘‘(2) EXTENSION BY JUDICIAL CONFERENCE.—
Paragraph (1) does not apply if the Judicial Con-
ference extends the program authorized by sub-
section (a)(1) and so notifies the Congress in writing
before June 30, 1998. Such extension may apply to
criminal proceedings in all judicial districts (subject
to subsection (c)) and may apply until such time as
the Judicial Conference provides otherwise.
‘‘(k) INAPPLICABILITY OF RULE 53 OF THE RULES
OF CRIMINAL PROCEDURE.—Rule 53 of the Federal Rules
of Criminal Procedure does not apply during the period
the program authorized by subsection (a)(1) (including
any extension under subsection (j)(2)) is in effect.
‘‘(l) INDEPENDENT
ACTION
BY
JUDICIAL
CON-
FERENCE.—Nothing in this section precludes the Judicial
Conference from authorizing photographic and electronic
media coverage of criminal proceedings before the pro-
gram authorized by subsection (a)(1) terminates.’’.
SEC. 3. CONFORMING AMENDMENT.
The table of sections for chapter III of title 28,
United States Code, is amended by adding at the end the
following:
‘‘1659. Media coverage of court proceedings.’’.
SEC. 4. EFFECTIVE DATE.
This Act and the amendments made by this Act take
effect on the date of the enactment of this Act.
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