[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1133 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1133
To provide for media coverage of Federal court proceedings.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 26, 2025
Mr. Grassley (for himself, Ms. Klobuchar, Mr. Durbin, Mr. Blumenthal,
Mr. Markey, and Mr. Cornyn) introduced the following bill; which was
read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for media coverage of Federal court proceedings.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sunshine in the Courtroom Act of
2025''.
SEC. 2. FEDERAL APPELLATE AND DISTRICT COURTS.
(a) Definitions.--In this section:
(1) Presiding judge.--The term ``presiding judge'' means
the judge presiding over the court proceeding concerned. In
proceedings in which more than one judge participates, the
presiding judge shall be the chief judge or justice so
participating. If the chief judge or justice is not
participating, the presiding judge shall be the most senior
active judge or justice so participating.
(2) Appellate court of the united states.--The term
``appellate court of the United States'' means any United
States circuit court of appeals and the Supreme Court of the
United States.
(b) Authority of Presiding Judge To Allow Media Coverage of Court
Proceedings.--
(1) Authority of appellate courts.--
(A) In general.--Except as provided under
subparagraph (B), the presiding judge of an appellate
court of the United States may, at the discretion of
that judge, permit the photographing, electronic
recording, broadcasting, or televising to the public of
any court proceeding over which that judge presides.
(B) Exception.--The presiding judge shall not
permit any action under subparagraph (A), if--
(i) in the case of a proceeding involving
only the presiding judge, that judge determines
the action would constitute a violation of the
due process rights of any party; or
(ii) in the case of a proceeding involving
the participation of more than one judge, a
majority of the judges participating determine
that the action would constitute a violation of
the due process rights of any party.
(2) Authority of district courts.--
(A) In general.--
(i) Authority.--Notwithstanding any other
provision of law, except as provided under
clause (iii), the presiding judge of a district
court of the United States may, at the
discretion of that judge, permit the
photographing, electronic recording,
broadcasting, or televising to the public of
any court proceeding over which that judge
presides.
(ii) Obscuring of witnesses.--Except as
provided under clause (iii)--
(I) upon the request of any witness
(other than a party) in a trial
proceeding, the court shall order the
face and voice of the witness to be
disguised or otherwise obscured in such
manner as to render the witness
unrecognizable to the broadcast
audience of the trial proceeding; and
(II) the presiding judge in a trial
proceeding shall inform each witness
who is not a party that the witness has
the right to request the image and
voice of that witness to be obscured
during the testimony of the witness.
(iii) Exception.--The presiding judge shall
not permit any action under this subparagraph--
(I) if that judge determines the
action would constitute a violation of
the due process rights of any party;
and
(II) until the Judicial Conference
of the United States promulgates
mandatory guidelines under paragraph
(5).
(B) No media coverage of jurors.--The presiding
judge shall not permit the photographing, electronic
recording, broadcasting, or televising of any juror in
a trial proceeding, or of the jury selection process.
(C) Discretion of the judge.--The presiding judge
shall have the discretion to obscure the face and voice
of an individual, if good cause is shown that the
photographing, electronic recording, broadcasting, or
televising of the individual would threaten--
(i) the safety of the individual;
(ii) the security of the court;
(iii) the integrity of future or ongoing
law enforcement operations; or
(iv) the interest of justice.
(D) Sunset of district court authority.--The
authority under this paragraph shall terminate 3 years
after the date of the enactment of this Act.
(3) Interlocutory appeals barred.--The decision of the
presiding judge under this subsection of whether or not to
permit, deny, or terminate the photographing, electronic
recording, broadcasting, or televising of a court proceeding
may not be challenged through an interlocutory appeal.
(4) Advisory guidelines.--The Judicial Conference of the
United States may promulgate advisory guidelines to which a
presiding judge, at the discretion of that judge, may refer in
making decisions with respect to the management and
administration of photographing, recording, broadcasting, or
televising described under paragraphs (1) and (2).
(5) Mandatory guidelines.--Not later than 6 months after
the date of enactment of this Act, the Judicial Conference of
the United States shall promulgate mandatory guidelines that a
presiding judge is required to follow for obscuring of certain
vulnerable witnesses, including crime victims, minor victims,
families of victims, cooperating witnesses, undercover law
enforcement officers or agents, witnesses subject to section
3521 of title 18, United States Code, relating to witness
relocation and protection, or minors under the age of 18 years.
The guidelines shall include procedures for determining, at the
earliest practicable time in any investigation or case, which
witnesses should be considered vulnerable under this section.
(6) Procedures.--In the interests of justice and fairness,
the presiding judge of the court in which media use is desired
has discretion to promulgate rules and disciplinary measures
for the courtroom use of any form of media or media equipment
and the acquisition or distribution of any of the images or
sounds obtained in the courtroom. The presiding judge shall
also have discretion to require written acknowledgment of the
rules by anyone individually or on behalf of any entity before
being allowed to acquire any images or sounds from the
courtroom.
(7) No broadcast of conferences between attorneys and
clients.--There shall be no audio pickup or broadcast of
conferences which occur in a court proceeding between attorneys
and their clients, between co-counsel of a client, between
adverse counsel, or between counsel and the presiding judge, if
the conferences are not part of the official record of the
proceedings.
(8) Expenses.--A court may require that any accommodations
to effectuate this Act be made without public expense.
(9) Inherent authority.--Nothing in this Act shall limit
the inherent authority of a court to protect witnesses or clear
the courtroom to preserve the decorum and integrity of the
legal process or protect the safety of an individual.
<all>