Citizen Journalists - Take Note

I am sometimes asked whether it is legal to record court proceedings. I never had an answer better than I don't know. Recently, when I heard that question again, I started looking for the answer.

I did some research and arrived at a site operated by Carlos Miller of - Photography is Not a Crime  . I think the video makes its oh so valid points with humor and panache. Take a minute and watch the video. It turns out, cameras are allowed in Florida court rooms - who knew? Evidently not the attorneys. And the judge was not fully informed either.

I would never suggest that anyone disrupt a courtroom or create a distraction .. but if you're there, and you're waiting for your case to be called. Be ready. Be ready to make a video of the proceedings. According to the video posted here, and the laws that I found, you don't need prior permission as long as you're not creating a distraction.

So, ladies and gentlemen. Please let's start documenting some of the goings on in our courtrooms today. If you see the party in front of you being bull dozed by the system, take pictures. If the pro se litigant called ahead of is told, sorry you need an attorney if you want to be speak; or we don't want to listen to you, we're going forward despite your arguments.  These incidents are rampant in foreclosure court, family court, circuit civil -- come on. Let's take our country back. The people need to know what is really going on.

Here is the actual rule in place today…..Florida Rules of Judicial Administration -

RULE 2.450. TECHNOLOGICAL COVERAGE OF JUDICIAL PROCEEDINGS (a) Electronic and Still Photography Allowed. Subject at all times to the authority of the presiding judge to: (i) control the conduct of proceedings before the court; (ii) ensure decorum and prevent distractions; and (iii) ensure the fair administration of justice in the pending cause, electronic media and still photography coverage of public judicial proceedings in the appellate and trial courts of this state shall be allowed in accordance with the following standards of conduct and technology promulgated by the Supreme Court of Florida.

Posted on the First Amendment Foundation's website - http://www.floridafaf.org:

"The First Amendment Foundation is a highly visible and accessible source of authoritative information, expertise, and assistance to the public and news media. It was founded as a non-profit organization in 1984 by The Florida Press Association, the Florida Society of Newspapers Editors, and the Florida Association of Broadcasters to ensure that public commitment and progress in the areas of free speech, free press, and open government do not become checked and diluted during Florida's changing times.

Its purpose is to protect and advance the public's constitutional right to open government by providing education and training, legal aid and information services. Funding is based on voluntary contributions from various organizations and concerned individuals.

According to a 1977 Florida Supreme Court ruling:

"Freedom of the press is not, and has never been a private property right granted to those who own the news media. It is a cherished and almost sacred right of each citizen to be informed about current events on a timely basis so each can exercise his discretion in determining the destiny and security of himself, other people, and the Nation. News delayed is news denied. To be useful to the public, news events must be reported when they occur. Whatever happens in any courtroom directly or indirectly affects all the public. To prevent star-chamber injustice the public should generally have unrestricted access to all proceedings.” 

State ex rel. Miami Herald Publishing Co. v. McIntosh, 340 So.2d 904, 910 (Fla. 1977). 

And a comment on The First Amendment Foundation's site by the co-founder of www.faldp.org -

Kenneth Diaz says:

February 12, 2011

"Access to our courts require the freedom of the press and of free speech. Blogging and independent reporting is a modern approach to speech and the press. We understand the value of keeping order and minimizing distractions in open court. Reasonable limits may be necessary, but mind you that the reason cameras are banned from most courtrooms is because of the sounds and flashes that may cause a distraction. As long as general courtroom decorum is maintained, restrictions on any journalists, professional or not, is counter to our values as a free society, and to our constitutional rights as citizens."