Wired reviews the official reasons why US federal courts typically do not allow smartphones on (or in use) during proceedings. Mostly, terrorism, but also other reasons, some of which suggest the smartphone is a great tool for journalism. As you already know.
Reasons above and beyond terrorism to restrict the devices from courthouses include the secret filming, recording or transmitting of court proceedings; the disruption of court proceedings; and that deliberating jurors might access the internet and research the case, the report said.
Considerations in favor of allowing the mobile phones in the courthouse are, in part, that they are essential to the practice of law, and they could allow the press to transmit the news if approved by the sitting judge, according to the paper.
The paper highlights dramatically different smartphone policies in courthouses across the country, but does not list them by name.
Still, the law prohibits taking photographs in federal trial courts or streaming live hearings.
Even with the advance of the mobile device, it doesn’t look like courtroom stills or streams will be allowed anytime soon despite our always-on society. That’s because many courts don’t even allow any internet use inside a courtroom.
The reason surrounds defining the term “broadcasting,” which is not allowed according to Federal Rule of Criminal Procedure 53.
“The contemporaneous transmission of electronic messages from the courtroom describing trial proceedings, and the dissemination of those messages in a manner such that they are widely and instantaneously accessible to the general public,falls within the definition of ‘broadcasting,’ “a Georgia judge wrote in 2009, when denying a reporter’s request to tweet from the courtroom.