Public Access to Judicial Proceedings Week 4

Before Class: Open up Westlaw/Lexis and locate Perry Educ. Ass'n v. Perry Local Educators' Ass'n, 460 U.S. 37 (1983).Get Ready to Discuss:

• Facts and public forum analysis for Perry.
• What are some factors that they consider in Perry to determine status of a forum?

Public Access to Judicial Proceedings Week 4

Based on Perry, how would you classify a courtroom: traditional, designated, or nonpublic forum?

Public Forum: Government may not prohibit all communicative activity. To enforce content-based exclusion it must show that its regulation is necessary to serve a compelling state interest and that it is narrowly drawn to achieve that end.

• Content Neutral: Narrowly tailored to serve a significant government interest, and leave open alternative channels of communication.

Limited Public Forum:

• Not required to indefinitely retain the open character of the facility, as long as it does so it is bound by the same standards as apply in a traditional public forum. Reasonable time, place and manner regulations are permissible, and a content-based prohibition must be narrowly drawn to effectuate a compelling state interest.

Nonpublic Forum:

• Right to make distinctions in access on the basis of subject matter and speaker identity.
• Allowed to limit activities compatible with the intended purpose of the property.
• Are the limitations reasonable in light of the purpose which the forum at issue serves.
• Is the differential access reasonable - is it wholly consistent with legitimate interest in preserving the property for the use to which it is lawfully dedicated.

What do you think of the phrase "leave open ample alternative channels of communication," do you think this should be a regular part of the public forum and speech analysis?

Journalists & Methods of Communication

Were there ample alternative channels of communication in the P.Diddy trial? What meets the "ample" alternative channels standard?

• Photographs
• Drawings
• Video Recordings
• Audio Recordings

Viewpoint Discrimination: In Perry, the Court said restrictions based on status (not viewpoint) were permissible. What if we apply this logic to courtroom access? What if certain types of media (ex: advocacy journalists) are excluded?

10:00

Cameras & Public Access in Florida Courts

Open up: Barron v. Florida Freedom Newspapers, Inc., 531 So. 2d 113 (Fla. 1988)

Should allow any type of media or public access to disolution proceedings or paperwork? What factors did the court require judiciary to consider in the closure of a civil proceeding in Florida?

Cameras & Public Access in Florida Courts

Open up: Chandler v. Florida, 449 U.S. 560 (1981)

Should states be allowed to experiment in different ways with public access and cameras in the courtroom?

Rule 2.450. Technological Coverage of Judicial Proceedings

Should judges have absolute discretion over media access, or should there be clearer limits?

How does Rule 2.450 compare to Rule 53? What would be the result if applied to other Federal Cases? (Ex.P.Diddy)

Hypothetical (Civil Case)

Maya Kowalski was diagnosed with Complex Regional Pain Syndrome (CRPS) at age nine in 2015. Her family pursued various treatments, including high-dose ketamine infusions in Mexico, which were recommended by her physician, Dr. Anthony Kirkpatrick. In October 2016, Maya experienced a severe CRPS flare-up and was admitted to Johns Hopkins All Children’s Hospital in St. Petersburg. Hospital staff questioned the diagnosis and treatment plan, suspecting medical child abuse (Munchausen by proxy) by her mother, Beata Kowalski. They contacted child protective services, leading to Maya being placed in state custody and separated from her mother for 87 days. The family sued the hospital years later after the suicide of Beata Kowalski, in connection with the separation and abuse allegations, and there was an 8 week trial. This trial included the testimony of minors, extensive medical history, and serious allegations against a high profile hospital. Based on Rule 2.450 and analysis from Barron on civil proceeding closures - should this proceeding have been open or closed?

Hypothetical (Criminal Case)

Sarah Boone killed her boyfriend Jorge Torres by zipping him up in a suitcase and leaving him there. She took a video on her phone as he called out for help and asked her to let him out, saying he couldn't breathe. Boone’s case received extensive media attention, especially due to the disturbing nature of the video evidence and her courtroom behavior. She acknowledged in her letters that her case had become a public spectacle, and she received mail from across the U.S. and internationally. Boone referenced the media’s portrayal of her and claimed it contributed to her inability to receive a fair trial. She was able to get a lawyer based on her advertisements in the paper and on the internet, after forfeiting her right to counsel by firing or having conflicts with eight other lawyers.