Common Cause - Holding Power ResponsibleCommon Cause - Holding Power Responsible

Topics
Our Issues
Money in Politics
Election Reform
Media and Democracy
Ethics in Government
Government Accountability
Press Center
Research Center
Register to Vote

Sign Up and join the Community - click here

Sunlight on the Court

A US Supreme Court justice once said something like "sunlight is the best disinfectant". He was talking about political corruption, but I think the Supreme Court should listen to that advice. At at time when the Court is not trusted by the left (Bush v. Gore, among other things) and the right (see Delay other's attacks on the court) the nine justices ought to consider opening their proceeding to the public. Sure, a few people can get in, and sit very quietly, while the justices listen to and question lawyers arguing their cases, that's not really an open meeting. Congress long ago gave up resistance to television and now C-SPAN is an institution and there's wide agreement that televising congressional proceedings is a good thing. It was not always so -- and some recent remarks by Antonin Scalia recall opposition by Congress to TV. The Washington Post reported on an interview with Scalia where he was asked about coverage of the Court:

"I wouldn't mind having the proceedings of the court, not just audioed, but televised, if I thought it would only go out on a channel that everyone would watch gavel to gavel", Scalia said. "But if you send it out on C-SPAN, what will happen is for every one person who sees it on C-SPAN gavel to gavel so they can really understand what the court is about, what the whole process is, 10,000 will see 15-second takeouts on the network news, which, I guarantee you, will be uncharacteristic of what the court does. So I have come to the conclusion that it will misinform the public rather than inform the public to have our proceedings televised."
What arrogant claptrap! He goes on to say that people won't watch the hourlong sessions -- despite plenty of evidence that people watch C-SPAN and even their local government in action when there's something important happening (and some of us wonks watch it even when nothing exciting is going on).

Should the Supreme Court televise is proceedings? It seems silly to even ask the question. Of course they should.


Tags: Government Accountability (all tags)


Display:

Supreme Court Sunlight

I'm not sure about the merits of televising Supreme Court arguments.

The Supreme Court should be as free from political pressure as possible.  Televised arguments could bring the media circus that already surrounds the circus right into the court's chambers.

The justices should not have any shadow of a thought in the back of their minds about how their questions will play on the 6 o'clock news.

Live broadcasts would only multiply that effect.

The legislative process on the other hand should be entirely open and its whole purpose is to respond to public pressure.  So at the least lets discuss this question without resorting to a hollow analogy to the debate over C-SPAN.

The judicial branch - and especially the Supreme Court - is very different from congress.  The argument for televising its proceedings must recognize and adress that.

What information would be gained by televising?  The court's decisions are available very quickly.  Audio of the arguments is available in a short period of time.  I think this is enough information and a prudent compromise between access and insulation from political pressure.

by Anonymous Citizen on Sat May 07, 2005 at 01:55:53 AM EST


Re: Supreme Court Sunlight

Thanks for your thoughtful comment - and I mean that, that's not just a stock reply. I guess there are differences, but I am not sure I am convinced that television would have a deleterious effect. We're not asking them to televise their closed conferences, but hearings that are already public, but are available to only a very few people who can be in DC and get into the room.

by Ed Davis on Thu May 12, 2005 at 12:22:19 PM EST
[ Parent ]


You are not logged in.

In order to post a comment, you must be logged in. If you have a member account, please log in to comment.

If not, you can make an account just by filling out the form below. It's quick and free.


contact us | volunteer/intern programs | employment opportunities | site map | privacy policy