Eric P. Robinson's blog

Hear Ye, Hear Ye! Some Federal Courts Post Audio Recordings Online

While the propriety of video and photography equipment in federal courts is subject of ongoing debate and testing, a number of federal bankruptcy courts and three federal district courts make audio recordings of their proceedings available to the public for a nominal fee.

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With Cameras Banned in the Supreme Court, Undercover Video Emerges

People are discovering a recently-posted YouTube video that apparently shows both a portion of the oral argument in a campaign finance case in October 2013 and Wednesday's interruption of an oral argument before the U.S. Supreme Court.

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California Judicial Council Recommends Repeal of Law Criminalizing Juror Internet Use

In August 2011, California adopted a statute making it a crime for jurors to use social media and the Internet to do research or disseminate information about cases. Now, two years after the law went into effect, the state's Judicial Council has recommended that the statute be repealed.

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Ninth Circuit Starts Live Streaming, As Federal Camera Test Continues

In early December, the Ninth Circuit Court of Appeals announced that it would provide live-streams and archived video of oral arguments on its web site, starting later in the month.

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Web Restrictions Not The Answer to Juror Online Research

Juror use of the Internet to do research or communicate about trials is a growing and persistent problem. So, what can a judge do? For several years now courts have been giving jurors more detailed admonitions and jury instructions against educating themselves about cases online, to little effect.

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Cash Cutoff for Mugshot Sites A Dangerous Idea

If you're arrested, your arrest is public information: your name, your address, what you're accused of. Many news organizations publish this information on a daily basis for their communities, as part of their news coverage.

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Senate Shield Bill Is Actually Pretty Broad

An amended bill passed Sept. 12 by the Senate Judiciary Committee to protect journalists from being forced to reveal confidential sources in federal court includes a relatively broad definition of who would be covered by the law; a definition that would include most bloggers.

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"Dirty" Verdict Sets Up Section 230 Appeal

A federal jury's verdict awarding $338,000 to former Cincinnati Bengals cheerleader and high school teacher Sarah Jones over postings on thedirty.com website may lead to a re-examination of the scope of the law that web site operators have widely invoked<

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Chicago Area Courts Ban Electronic Devices, For Some

Criminal courthouses in Cook County, Illinois (Chicago and environs) will ban the public from bringing in electronic devices as of Jan. 15, under an order issued by Cook County Chief Judge Timothy Evans in mid-December. See Gen’l Admin. Order 2012-8 (Ill. Cir. Ct., Cook Cnty. Dec. 11, 2012).

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Amici Line Up In Appeal of "Blogger Not a Journalist" Ruling

A federal judge's ruling that a blogger was not covered by Oregon's reporters' shield law is being appealed to the Ninth Circuit, and is getting some amicus support from media organizations. But the appeal -- and the amici -- are not addressing the main issue that led to an online uproar over the trial judge's initial decision.

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Study Finds Significant Juror Interest In Internet, But No Use -- Yet

A survey of jurors from 15 trials has found that jurors generally understand instructions not to use the Internet or social media to research or communicate about trials, but also that many jurors wish they could use technology to do some sort of research about

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Lawsuits by Doctor, Dentist Over Patients' Reviews Dismissed

A doctor in New York and a dentist in Oregon have both found out that it may not be easy to sue for libel over online reviews of their services, after their separate lawsuits were both dismissed. And it turns out that most of the dentists and doctors who have sued over online reviews have reached similar results.

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Recent Cases, Article Show That Justices Use "Extrinsic Evidence" Found Online

A pending law review article -- and two of the Supreme Court's recent major decisions --  provide vivid examples that judges (and Supreme Court justices in particular) often use "extrinsic evidence" (materials other than what the lawyers present to them in briefs, trial, or argument) to make judicial rulings. In recent decisions, this material is often found online.

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