Episode 13: Somberg v. McDonald
Nicholas Somberg v. Karen McDonald, argued before Senior Judge Alice M. Batchelder, Judge Amul R. Thapar, and Judge Andre B. Mathis in the U.S. Court of Appeals for the Sixth Circuit on June 12, 2024. Argued by Philip L. Ellison (on behalf of Nicholas Somberg) and Brooke E. Tucker (on behalf of Karen McDonald).
Statement of Question Presented, from the Appellant’s Brief:
Plaintiff Nicholas Somberg contends he (and others) have the First Amendment right to photograph, screenshot, audio/video record, broadcast, report, distribute, share, and make public photographic, audio, and audio-video recordings of public court proceedings being livestreamed worldwide when doing such does not interact or cause any interaction with pending proceedings.
The question presented is:
Whether the First Amendment protects the making of digital records (i.e. photographic and audio-video recordings) of public court proceedings from online streaming services being broadcasted worldwide when doing so does not in any way interfere with pending judicial proceedings?
Resources:
Listen to the argument here:
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