NPPA Announces Support for CourtTV's
Challenge to New York's Ban on Cameras in the Courtroom

For immediate release
April 21, 2003

Contact: David Handschuh (646) 872-5421

Durham, North Carolina -- The National Press Photographers Association (NPPA) today announced that it is supporting Court TV's legal challenge to New York state's ban on television cameras in state courts. "Television photojournalists are a vital link in making courts truly open," said Michael Sherer, President of NPPA. "Turning off televised coverage across the board, as New York does, slams the courtroom door on the public the courts are meant to serve. We support Court TV's efforts to strike down this unconstitutional law."

Court TV's complaint seeks a declaration that Section 52 of the New York Civil Rights Law infringes state and federal constitutional guarantees of freedom of the press and the public's right to observe trials. Section 52 infringes on the rights of broadcasters and the public by prohibiting the televising of any proceeding in which compelled testimony may be taken. In practice, Section 52 operates as an absolute ban on televised coverage of trials in New York, regardless of the trial's importance to the public interest or the wishes of the parties.

Moreover, New York's law stands in stark contrast to the practice of 40 other states that permit televised trial proceedings. "These states have correctly concluded that the constitutional right to observe trials cannot be limited to those few members of the public fortunate enough to get a seat in the courthouse. Like still camera photojournalism, television media provides an essential conduit for the dissemination of news of enormous public importance. Excluding the television media from trials diminishes the public's constitutional right and impairs the freedom of the press," Sherer said.

Sherer pointed to numerous studies, including some conducted by New York, indicating that across-the-board bans of television coverage cannot be justified on the basis that the presence of cameras in the courtroom undermines the dignity of the court or otherwise interferes with the administration of justice. "The available evidence suggests that judicial conduct may improve as a result of televised coverage by increasing public understanding of the judicial system, allowing for public scrutiny of the judicial office, and safeguarding defendants' rights," Sherer explained. "There is no sustainable argument to justify this law. Accordingly, NPPA encourages and supports Court TV's action to vindicate these important rights by having New York's ban on cameras in the courtroom declared unconstitutional."

Founded in 1946, the National Press Photographers Association is dedicated to the advancement of photojournalism, its creation, editing and distribution, in all news media. NPPA encourages photojournalists to reflect high standards of quality in their professional performance and in their personal code of ethics. NPPA vigorously promotes freedom of the press in all its forms.

The NPPA is represented in First Amendment matters by the law firm of Covington & Burling. Covington & Burling is an international law firm dedicated to solving clients' complex problems by providing advocacy in complex litigation, arbitration, and governmental matters and advice on sophisticated transactions. Founded in 1919, the firm has more than 500 lawyers and offices in Washington, New York, San Francisco, London, and Brussels.

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