HR 2802 IH
be the senior active judge so participating or, in the 
case of a circuit court of appeals, the senior active 
circuit judge so participating, except that— 
(A) in en banc sittings of any United 
States circuit court of appeals, the presiding 
judge shall be the chief judge of the circuit 
whenever the chief judge paricipates, and 
(B) in en banc sittings of the Supreme 
Court of the United States, the presiding judge 
shall be the Chief Justice whenever the Chief 
Justice participates. 
(2) APPELLATE
COURT
OF
THE
UNITED 
STATES.—The term ‘‘appellate court of the United 
States’’ means any United States circuit court of ap-
peals and the Supreme Court of the United States. 
(b) AUTHORITY OF PRESIDING JUDGE TO ALLOW 
MEDIA COVERAGE OF COURT PROCEEDINGS.— 
(1) AUTHORITY OF APPELLATE COURTS.— 
(A) IN
GENERAL.—Except as provided 
under subparagraph (B), the presiding judge of 
an appellate court of the United States may, at 
the discretion of that judge, permit the 
photographing, electronic recording, broad-
casting, or televising to the public of any court 
proceeding over which that judge presides. 
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(B) EXCEPTION.—The presiding judge 
shall not permit any action under subparagraph 
(A), if— 
(i) in the case of a proceeding involv-
ing only the presiding judge, that judge de-
termines the action would constitute a vio-
lation of the due process rights of any 
party; or 
(ii) in the case of a proceeding involv-
ing the participation of more than 1 judge, 
a majority of the judges participating de-
termine that the action would constitute a 
violation of the due process rights of any 
party. 
(2) AUTHORITY OF DISTRICT COURTS.— 
(A) IN GENERAL.— 
(i) 
AUTHORITY.—Notwithstanding 
any other provision of law, except as pro-
vided under clause (iii), the presiding judge 
of a district court of the United States 
may, at the discretion of that judge, per-
mit the photographing, electronic record-
ing, broadcasting, or televising to the pub-
lic of any court proceeding over which that 
judge presides. 
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(ii) OBSCURING OF WITNESSES.—Ex-
cept as provided under clause (iii)— 
(I) upon the request of any wit-
ness (other than a party) in a trial 
proceeding, the court shall order the 
face and voice of the witness to be 
disguised or otherwise obscured in 
such manner as to render the witness 
unrecognizable to the broadcast audi-
ence of the trial proceeding; and 
(II) the presiding judge in a trial 
proceeding shall inform each witness 
who is not a party that the witness 
has the right to request the image and 
voice of that witness to be obscured 
during the witness’ testimony. 
(iii) 
EXCEPTION.—The 
presiding 
judge shall not permit any action under 
this subparagraph if that judge determines 
the action would constitute a violation of 
the due process rights of any party. 
(B) NO MEDIA COVERAGE OF JURORS.— 
The presiding judge shall not permit the 
photographing, electronic recording, broad-
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casting, or televising of any juror in a trial pro-
ceeding, or of the jury selection process. 
(3) INTERLOCUTORY
APPEALS
BARRED.—The 
decision of the presiding judge under this subsection 
of whether or not to permit, deny, or terminate the 
photographing, electronic recording, broadcasting, or 
televising of a court proceeding may not be chal-
lenged through an interlocutory appeal. 
(4) GUIDELINES.—The Judicial Conference of 
the United States may promulgate guidelines with 
respect to the management and administration of 
photographing, recording, broadcasting, or televising 
described under paragraphs (1) and (2). 
(5) SUNSET OF DISTRICT COURT AUTHORITY.— 
The authority under paragraph (2) shall terminate 
3 years after the date of the enactment of this Act. 
(6) PROCEDURES.—In the interests of justice 
and fairness, the presiding judge of the court in 
which media use is desired has discretion to promul-
gate rules and disciplinary measures for the court-
room use of any form of media or media equipment 
and the acquisition or distribution of any of the im-
ages or sounds obtained in the courtroom. The pre-
siding judge shall also have discretion to require 
written acknowledgment of the rules by anyone indi-
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vidually or on behalf of any entity before being al-
lowed to acquire any images or sounds from the 
courtroom. 
Æ 
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