Courts Back Down on Camera Restrictions

As has been reported here at FK, first the Keene district court banned cameras from its lobby. Activists Sam Dodson and Dave Ridley were arrested for defying this ban. A couple of years later, the ban was extended to all media devices and applied to the entire courthouse. It was at this time that the “superior court” in Keene also picked up the ban and began confiscating cell phones and other devices. District court had Derrick J arrested in the lobby for recording this summer (the charges were dropped later) and superior court later had Jason Talley arrested for recording in their lobby. He is still facing trial on that matter. Around this same time, the total media device ban was extended to all circuit courts in NH.

It has been an all-out assault on press freedom in the NH courts for the last couple of years, but all-of-a-sudden, a new “Administrative Order” has been released on 12/1. Here’s a link to the superior court version of it by head judge Tina Nadeau, which has nearly identical language as the one that the circuit (district) court also released.

So what has changed? First, the requirement of 48 hours notice has been removed. Now they just want notice in advance. Second, while the use of media devices is still prohibited in the entire courthouse, violators are no longer threatened with contempt, but only with removal from the courthouse. The order is still focused on putting up hoops and controlling the allegedly free press – for instance by creating “staging areas” where obedient press members who beg may be allowed to record outside-court interviews and such. So, while it’s a step in the right direction it in no way is press freedom.

What will this mean for the real world? Will the security guards at the front of Cheshire superior still be confiscating media devices as they were last week? I’ll find out tomorrow as I have a hearing in the morning. The order does not say anywhere that the guards are authorized to take peoples’ devices, but I have a feeling they will anyway. We’ll see.

Why has this occurred? I’d speculate it’s because the “Supreme court” will be hearing a proposal for making the court rules on media uniform across all NH courts. Perhaps this is the proposed set of rules, already being put into place. The hearing is on December 16th, starting at 12:30pm. Here’s a facebook event for it. Activists will be attending in large numbers, and of course, recording video.

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