First Amendment Right To Record Bail Hearings Should Be Upheld
Participated in an amicus brief in support of a petition for rehearing en banc (with the Reporters Committee and other amici) filed with the U.S. Court of Appeals for the Third Circuit in Philadelphia Bail Fund v. Arraignment Court Magistrate Judges. The case involves the constitutionality of certain Pennsylvania court rules that prohibit groups like Philadelphia Bail Fund from making audio recordings of bail hearings. The Third Circuit had reversed a district court ruling and held that the First Amendment right of access does not mandate the creation of such recordings. The amicus brief argues that rehearing en banc is necessary because this case presents a significant constitutional question of exceptional importance, emphasizing the impact of the panel’s decision on the press and the public’s ability to scrutinize the workings of the criminal justice system.