PolicyBrief
S. 1146
119th CongressMar 26th 2025
Cameras in the Courtroom Act
IN COMMITTEE

This act mandates that the Supreme Court must allow television cameras in all open court sessions unless a majority of justices vote to block coverage due to due process concerns for a specific case.

Richard Durbin
D

Richard Durbin

Senator

IL

LEGISLATION

Supreme Court Cameras Mandated: Justices Must Televise Sessions Unless Due Process Is at Risk

The aptly named Cameras in the Courtroom Act aims to throw open the doors of the highest court in the land. Simply put, this bill mandates that the U.S. Supreme Court must allow television cameras to record all of its open court sessions. This isn't a suggestion; it's a hard requirement being added to the U.S. Code (specifically, Title 28, Chapter 45, as Section 678), fundamentally changing how the public interacts with the Court.

The New Default: Lights, Camera, Argument

For decades, access to the Supreme Court has been limited to audio recordings and sketches. This bill flips the script: the default setting for every open session—meaning oral arguments, not the private deliberations—is now on camera. Think about the impact: you wouldn't just hear the arguments on a high-stakes case about digital privacy or workplace discrimination; you'd see the lawyers arguing and the justices asking questions, making the process immediately more accessible than reading a transcript or listening to a recording later. For the average person juggling work and family, this makes judicial accountability a click away.

The Due Process Veto

However, the bill doesn't eliminate the Court's ability to block cameras entirely. The justices can still veto the filming of a specific case, but they have to clear a high bar to do it. A majority of the nine justices must vote to block the cameras, and they can only do so if they determine that televised coverage would “violate the due process rights of one or more of the people or entities involved in the case.” This is where the policy gets interesting—and potentially complicated.

Accountability vs. Privacy

On one hand, this is a huge win for transparency. It forces the Supreme Court, which often deals with the most profound legal questions of our time, to operate under the public eye. This could lead to a deeper public understanding of complex legal issues, moving beyond soundbites and letting people see the actual legal reasoning unfold. On the other hand, the exception relies on a subjective standard: due process. What exactly constitutes a due process violation simply because a camera is present? Is it the fear of public backlash against a litigant? Is it the potential for harassment? Because this term isn't defined in the context of media coverage, it leaves a lot of room for interpretation. For parties involved in highly sensitive cases—say, a whistleblower or a company dealing with trade secrets—the increased pressure from being televised could be immense, and they might argue that this pressure itself compromises their right to a fair hearing, potentially leading to new legal challenges over the application of this veto power.