Marjorie Cohn (Thomas Jefferson School of Law) has posted Let the Sun Shine on the Supreme Court on SSRN. Here is the abstract:
The Supreme Court has steadfastly refused to allow its oral arguments to be televised. Justices jealously guard their anonymity, which would be lost if they allowed television broadcasts. Yet arguments against cameras in the courtroom - intimidation of witnesses and jurors, and prejudice to the accused - are inapplicable to the high court. Beginning with the arguments in Bush v. Gore, the Court began to release audiotapes and transcripts of its proceedings. But in spite of Congressional attempts to open the Supreme Court to cameras, the justices remain opposed to cameras in their courtroom. This essay argues for camera coverage of Supreme Court arguments.
