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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