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Broadcasting Federal Criminal Proceedings

CRS Insight. Broadcasting Federal Criminal Proceedings, August 14, 2023. “The August 1, 2023, criminal indictment of former President Donald Trump has prompted public discussion of whether federal criminal proceedings can be televised or otherwise broadcast to the public. Whether, and potentially how, video of federal court proceedings can be made available has been a topic of interest to policymakers and commentators for decades. The anticipated publicity surrounding the criminal proceedings involving former President Trump has brought renewed attention to the issue, with some lawmakers, observers, and participants calling for the proceedings to be broadcast. While most state courts allow video coverage of courtroom proceedings under certain circumstances, recording and broadcasting of federal court proceedings is much more limited. In particular, subject to limited exceptions, broadcasting of federal criminal proceedings is prohibited. This Insight explains the current authorities that govern broadcasting of federal criminal proceedings, briefly compares the rules for criminal cases with those that apply to federal civil litigation, and concludes with considerations for Congress related to cameras in federal courts.”

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