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Objection to Proposed Rule 2.451

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  • Jon Roland
    I oppose the provisions of proposed Fla. R. Jud. Admin 2.451 which limit the rights of citizen journalists to record court proceedings. The proposed rule is
    Message 1 of 1 , Feb 1, 2011
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      I oppose the provisions of proposed Fla. R. Jud. Admin 2.451 which limit
      the rights of citizen journalists to record court proceedings.

      The proposed rule is unconstitutional, in several ways. That trials be
      public is part of what "due process" means in the Fifth and Fourteenth
      amendments. That means no restrictions on who may attend and bear
      witness, or on what they may do as long as it is not disruptive. There
      is a Ninth Amendment right to the means to supervise public officials,
      and to acquire the information needed to do so. While an argument might
      be made that there can be situations in which the identities of the
      jurors may need to be protected, at least for the duration of the trial,
      there is no valid argument that can be made against acquiring
      information about the possible misconduct of court members, especially
      the judge and prosecutors. Any such misconduct needs to be exposed, and
      exposed as soon as possible, if justice is to be done in our courts.

      More public notice should have been given of this proposed rulemaking,
      and if adopted, it needs to be challenged and struck down.

      The federal courts are not a proper model for this rule. They are
      unconstitutional as well, in this and in many other ways.

      It is also an exercise in futility. Modern technology enables one to
      video record a court proceeding with little likelihood of being
      detected. All your rule would do is expand the market for spycams.

      In the Age of the Internet, everyone is a journalist. "And ye shall know
      the truth, and the truth shall make you free." John 8:32.

      -- Jon

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