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New
York high court upholds state ban on cameras in courtroom
ALBANY, N.Y. (AP) --
The state's highest court has unanimously upheld New York's
ban on cameras in the courtroom, concluding the ban does not
violate constitutional rights.
Court TV had sought
to end the ban, arguing it infringed on the public's right
of access to the courts and the press's freedom to cover court
proceedings.
"In New York state,
the decision whether or not to permit cameras in the courtroom
is a legislative prerogative," Judge George Bundy Smith wrote
in the 7-0 decision by the Court of Appeals.
Court TV sued the state
and the Manhattan district attorney's office in 2001. Court
TV's lawyer, David Boies, noted in arguments in April that
43 states allow television-camera access to courtrooms.
State lawyers argued
that although the press has the right to cover trials, that
right doesn't extend to television, which they said can influence
judges, lawyers, witnesses and jurors. The state also noted
that eight federal circuit courts have found no constitutional
right for television coverage of courts.
The Court of Appeals
agreed in its June 16 decision.
The law "does not prevent
the press, including television journalists, from attending
trials and reporting on the proceedings," Smith wrote. "What
they cannot do under the statute is bring cameras into the
courtroom. This is not a restriction on the openness of court
proceedings but rather on what means can be used in order
to gather news."
New York state allowed
audiovisual coverage of court proceedings for nearly 10 years
until enabling legislation lapsed on June 30, 1997.
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