Conway v. United States
Opinion of the Court
This is an appeal by professional broadcast journalists from an order of the district court denying their motion as inter-venors in the criminal prosecution of Jackie Presser and others for permission to telecast, broadcast and photograph the trial which is scheduled to begin in July 1988. This court granted an expedited appeal, and oral arguments were presented to the panel on Friday June 17, 1988.
The district court denied the motion in reliance on Rule 53 of the Federal Rules of Criminal Procedure and Rule 11.01 of the local rules of the district court. The inter-venors-appellants argued in the district court and in this court that the two rules, which absolutely prohibit the broadcasting, telecasting and photographing of judicial proceedings, violate the First Amendment. The question is whether this prohibition impermissibly infringes on the right of access to judicial proceedings guaranteed by the First Amendment. See Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 100 S.Ct. 2814, 65 L.Ed.2d 973 (1980).
As counsel for the appellants conceded at oral argument, the rules do not deny professional broadcast journalists and photographers access to the court room where the trial will be conducted. What appellants argue is that the rules place restrictions on that right of access which do not satisfy the requirement that such regulations be reasonable as to time, place and manner.
The very issue presented in this appeal has been decided by at least three federal circuit courts of appeals, and in each instance the constitutionality of Rule 53 has been upheld.
The fact that the Supreme Court held in Chandler v. Florida, 449 U.S. 560, 101 S.Ct. 802, 66 L.Ed.2d 740 (1981), that the Constitution does not require a prohibition against broadcasting, telecasting and photographing criminal trials is a far cry from holding that the Constitution does re
The judgment of the district court is affirmed.
. Since the local rule contains the same absolute prohibition as Rule 53, we need not discuss it separately.
Reference
- Full Case Name
- Mike CONWAY, Judy Thompson, and Ted Schwartz, Intervenor Applicants-Appellants v. UNITED STATES of America, Jackie Presser, Harold Friedman, and Anthony Hughes
- Cited By
- 11 cases
- Status
- Published