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1 Reynolds Ct. & Media L.J. 277 (2011)
Eyeing the Supreme Court's Challenge: A Proposal to Use Eye Tracking to Determine the Effects of Television Courtroom Broadcasting

handle is hein.journals/reycome1 and id is 315 raw text is: Eyeing the Supreme Court's Challenge: A Proposal to Use Eye Tracking to Determine the Effects of Television Courtroom Broadcasting Paul Lambert T he U.S. Supreme Court's basic stance towards cameras in the courtroom is well-estab- lished. After initially holding that courts may ban cameras2 and that cameras could be so disruptive as to require reversal of a murder conviction on constitutional grounds,3 the Court later held that cameras can be used in courtrooms as long as they were unobtrusive.4 This has led a majority of states to allow or experiment with broadcasting of at least some court proceedings,5 and helped induce the federal courts to undertake two experiments to examine the issue.6 The Court has also, on several occasions, discussed the issues and con- 1. The author would like to thank Siobhatn for her kindness and patience. 2. Estes v. Texas, 381 U.S. 532 (1965), reh'g denied, 382 U.S. 875 (1965). 3. Sheppard v. Maxwell, 384 U.S. 333 (1966). Most of the disruptive behavior of the print, radio and televi- sion reporters cited by the Court in Sheppard actually occurred outside the courtroom. Id. at 343-44. 4. Chandler v. Florida, 449 U.S. 560 (1981). Note that this is different from the Court's stance towards cameras in its own chamber. See Michael McGough, Justices willing to be heard but still unwilling to be seen in court, L.A. TIMES (OPINION L.A. BLOG), Oct. 6, 2010, bttp:/'(pinion.1atimes.cm/opin iolai/2010/10justice-wiling-obe hoard-u't still-unwilling-to-be seen in coulr.lhtml. 5. See RADIO TELEVISION DIGITAL NEWS Ass'N, CAMERAS IN THE COURT: A STATE-BY-STATE GUIDE (2011), available at h't-//wwwvtnda.orgpages/mlida items/cameras-in-the-court-a-stat-by-staLe- guid1e55pflp. 6. Congressional pressure has also played a role, with a number of bills proposed since 1997 regarding federal courtroom broadcasting. See H.R.1280, 105th Cong (1997-98) (would have applied to all federal courts); H.R. 1751, § 22, 109th Cong. (2005-06) (this section, which would have applied to district and circuit courts, was in the version of this bill that passed the House, but not in the version that passed the Senate); H.R. 2422, 109th Cong. (2005-06) (all federal courts); H.R. 4380, 109th Cong. (2005-06) (Su- preme Court); S. 829, 109th Cong. (2005-06) (all federal courts; placed on Senate calendar); S. 1768, 109th Cong. (2005-06) (Supreme Court; placed on Senate calendar); H.R. 1299, 110th Cong. (2007-08) (Supreme Court); H.R. 2128, 110th Cong. (2007-08) (all federal courts); S. 344, 110th Cong. (2007-08) (Supreme Court); S. 352, 110th Cong. (2007-2008) (all federal courts; placed on Senate calendar), H.R. 429, 111th Cong. (2009-10) (Supreme Court); H.R. 3054, 111th Cong. (2009-10) (all federal courts); S. 446, 111th Cong. (2009-10) (Supreme Court; placed on Senate calendar); S. 657, 111th Cong. (2009-10) REYNOLDS COURTS & MEDIA LAW JOURNAL 277

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