Broadcasting Federal Criminal Proceedings

"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.

Federal Rules and Practice Regarding Courtroom Video

Prior to 1990,the Code of Conduct for United States Judges prohibited any photography or broadcasting of federal cases. The Judicial Conference of the United States then adopted a policy enabling judges toauthorize cameras in the courtroom under certain circumstances. . Separate procedural rules apply to federal criminal and civil proceedings and affect the use of courtroom cameras.

Federal Criminal Cases

Former President Trump’s criminal case based on the August 1 indictment is proceeding in federal district court. The Federal Rules of Criminal Procedure (Criminal Rules) govern procedure in all criminalproceedings in U.S. district courts, courts of appeals, and the Supreme Court. Federal Rule of CriminalProcedure 53 (Criminal Rule 53) provides: “Except as otherwise provided by a statute or these rules, the court must not permit the taking of photographs . . . or the broadcasting of judicial proceedings from the courtroom.” 

As authorized in Criminal Rule 53, certain exceptions to this prohibition have been made, generally involving using video technology to facilitate courtroom proceedings rather than to broadcast them. Criminal Rules 5(g), 10(c), 40(d), and 43(b)(2) allow courts to conduct limited categories of criminal proceedings by “video teleconferencing” with the defendant’s consent. In addition, Section 15002(b) of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), enacted March 27, 2020, allowed federal courts to authorize the handling of certain criminal proceedings by video or audio conference in response to the COVID-19 pandemic; this authorization ended May 10, 2023.

The U.S. Court of Appeals for the Ninth Circuit allows cameras with advance permission. The court also provides live video streaming of oral arguments and posts videos of arguments in both civil and criminal appeals online.."
Federal Criminal Proceedings