Justice Stephen Breyer: 138,542 public comments in favor of televising trial is proof that Supreme Court decision blocking cameras in Prop 8 trial courtroom is wrong

 
PRESS RELEASE

FOR IMMEDIATE RELEASE
January 13, 2010

 

LOS ANGELES, CA – After the Courage Campaign Institute and CREDO Action gathered and delivered 140,671 signatures (138,248 on paper; see note below) in just three days calling for the federal lawsuit challenging Proposition 8 to be televised, Justice Stephen Breyer used those signatures to argue for allowing cameras in the courtroom and challenged the court majority’s argument that Judge Vaughn Walker had not allowed enough opportunity for comment.

“Justice Breyer proved that online action and organizing matters. The 138,248 signers on the Courage Campaign’s letter showed that the public expects their courts to be open and accessible,” said Rick Jacobs, Chair of the 700,000-member organization. “The proponents of Prop. 8 seek to hide and obfuscate. They did not want their own ad played in court. They did not want documents from their own strategists to become public because the documents show clearly that their entire campaign was built on decades of prejudice and fear. They only win when they can manipulate the media and the public, using scare tactics.”

Justice Breyer took issue with the majority’s claims that Judge Walker had failed to provide opportunity for comment by citing the signatures submitted in his dissent.

“Then, on December 31, the Court revised its public notice to ask for comments directly. By January 8, 2010, the Court had received 138,574 comments, all but 32 of which favored transmitting the proceedings.

“There was also sufficient “opportunity for comment.” The parties, the intervenors, other judges, the public—all had an opportunity to comment. The parties were specifically invited by Chief Judge Walker to comment on the possibility of broadcast as early as September. And the entire public was invited by the District Court to submit comments after the rule change was announced, right up to the eve of trial. As I said, the court received 138,574 comments during that time. How much more “opportunity for comment” does the Court believe necessary, particularly when the statutes themselves authorize the local court to put a new rule into effect “without” receiving any “comments” before doing so when that local “court determines that there is an immediate need” to do so (and to receive comments later)?”

NOTE: The “Televise the Trial” letter from the Courage Campaign Institute and CREDO Action was signed by 140,671 people calling for a publicly accessible trial. 138,248 signatures were hand-delivered on paper to the court on Friday morning with the remainder being emailed before last Friday’s 5 p.m. deadline.

A copy of the letter to Judge Walker can be viewed at:

http://www.couragecampaign.org/TeleviseTheTrial