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1 | Audio and Video Broadcast Policies in Federal Appeals Courts | |||||||
2 | Fix the Court | last updated: Oct. 29, 2024 | next update: late Nov. 2024 | |||||||
3 | ||||||||
4 | Court | When was the last time the circuit live-streamed an argument? When's the next time? | Will it continue livestreaming on a permanent basis? | Notes on livestreaming on the court's website | How soon after an oral argument does the circuit post an audio file of it? | Pre-pandemic audio policy for oral argument | Pre-pandemic video policy for oral argument | Did the circuit livestream audio or video of oral arugment during pandemic? |
5 | 1st | The last audio livestream was on Oct. 29. The next audio livestream is expected on Oct. 30. | Hasn't made commitment | CA1 homepage: "Members of the public may listen to the live audio of oral argument at [link] or may attend oral arguments in-person..." | Same day: "After the end of each day's arguments, audio recordings of each argument will be available on the court's website." | Same-day audio | Not allowed | Yes, audio, via its YouTube channel |
6 | 2nd | The last audio livestream was on Oct. 29. The next audio livestream is expected on Oct. 30. | Hasn't made commitment | CA2 homepage: "Chief Judge Debra Ann Livingston has announced that when the Court’s 2022-2023 Term begins on Tuesday, September 6, 2022, [...t]he audio livestream of oral argument will continue." | Same day | Same-day audio; has permitted live audio a few times for cases of "heightened interest" | Allows C-SPAN to film roughly 1-2 arguments per year; most recent, Mar. 2, 2020 | Yes, audio, via a media player embedded on the court's website |
7 | 3rd | The last audio livestream was on Oct. 9. The next audio livestream is expected on Oct. 30. | Hasn't made commitment | CA3 homepage: "Audio of Oral Arguments Live Streamed via YouTube. The live stream for arguments scheduled in the Maris and Seitz Courtrooms is made available several minutes before the start of argument." | Same day | Same-day audio | Jan. 2017 policy change allows video, released on a delay; most recent recording, Feb. 15, 2023 | Yes, audio, via its YouTube channel (even when there's video, only the audio is livestreamed) |
8 | 4th | The last audio livestream was on Oct. 29. The next audio livestream is expected on Oct. 30. | Appears to be | A CA4 source tells FTC (6/2/23): "The court plans to [...] continue live audio-streams of oral argument when it resumes hearing cases in September." | Next business day: "Fourth Circuit oral argument audio files in MP3 format are posted on the court's Internet site by the next business day." | Same-day audio; has permitted live audio a few times for cases of "heightened interest" | Not allowed | Yes, audio, via its YouTube channel |
9 | 5th | The last audio livestream was on Oct. 16. The next audio livesteam is expected on Nov. 4. | Appears to be | A CA5 source tells FTC (10/24/22): "I can confirm that our court has no current plan to stop live streaming." | Same day: "Fifth Circuit oral argument audio files in MP3 format are posted on the court's internet site after 5:00 p.m. on the day of oral argument." | Same-day audio | Not allowed | Yes, audio, via its YouTube channel |
10 | 6th | The last audio livestream was on Oct. 29. The next audio livestream is expected on Oct. 30. | Hasn't made commitment | The CA6 "Live Arguments" page has no text, so it's worth checking on periodically to ensure the livestream is continuing. | Sporadic and no set rules | Same-day audio | Not allowed | Yes, audio, via its YouTube channel |
11 | 7th | The last audio livestream was on Oct. 29. The next audio livestream is expected on Oct. 30. | Hasn't made commitment | CA7 General Order 22-005: "Livestreaming audio of oral argument: The court will continue to livestream the audio of oral argument on its YouTube channel or another livestreaming service." | Same day | Same-day audio | Sept. 2018 policy change allows video, released on a delay; most recent recording, Feb. 26, 2020 | Yes, audio, via its YouTube channel |
12 | 8th | The last audio "livestream" was on Oct. 24. The next audio "livestream" is expected on Oct. 30. (We count their use of a live public call-in number to listen to arguments.) | Hasn't made commitment | CA8 "Procedures Governing Oral Argument" page: "Parties, interested members of the public, and the press may access a live audio stream of the arguments through a teleconference bridge." | Same day: "Digital versions of the arguments are placed on the court’s website, and are generally available for listening or downloading, the same day as the argument." | Same-day audio | Not allowed | Yes, audio, via a dial-in number provided on the court's homepage on argument day |
13 | 9th | The last video livestream was on Oct. 25. The next video livestream is expected on Nov. 4. | Yes | No notes. They've done it for years. | Next day: "Recordings will be available under the Audio and Video heading the day following argument." | Routinely allows live audio | Has routinely allowed live video since 2010 | Yes, video (audio included), via its YouTube channel, which is also embedded on its website |
14 | 10th | The last audio livestream was on Sept. 26. The next audio livestream is expected on Nov. 18. | Hasn't made commitment | A CA10 source tells FTC (10/25/22): "We haven’t made it a permanent policy yet, but we don’t have any plans or sunset date for discontinuing it." | Within 48 hours: "...all oral argument recordings will be posted to the court’s website within 48 hours unless the court orders otherwise." | Same-day audio | Not allowed | Yes, audio, via its YouTube channel |
15 | 11th | The last audio livestream was on Oct. 22. The next audio livestream is expected on Nov. 13. | Yes (confirmed 10/24/22) | CA11 "Oral Argument Calendars/Listen Live" page: "Oral arguments held in open court in all court locations are live streamed." | ASAP: "Audio recordings of oral arguments are posted on the Court’s website as soon as practicable after the date of argument." | Same-day audio | Not allowed, though a few COVID-era arguments have been video livestreamed; most recent recording, Sept. 24, 2021 | Most arguments that were livestreamed were audio-only, though there was the occasional live video argument on the circuit's Vimeo or YouTube page. Generally, the circuit posted a livestream link on its homepage 30 min. before convening. |
16 | D.C. | The last audio livestream was on Oct. 29. The next audio livestream is expected on Nov. 1. | Yes | CADC "Oral Arguments" page: "The Court provides live audio streaming of oral arguments. There is no need to come to the courthouse to have real-time access to arguments." | Same day: "The audio recordings will be available by 2:00 p.m. on the same day of the oral argument." | As of Sept. 2018, permits live audio for all cases not under seal | Has closed-circuit cameras in courtroom but hasn't broadcasted cases | Yes, audio, via its YouTube channel |
17 | Fed. | The last audio livestream was on Oct. 29. The next audio livestream is expected on Nov. 4. | Hasn't made commitment | CAFC "Listen to Oral Arguments" page: "The Federal Circuit provides media and public access to the audio stream of each panel scheduled for argument during the court’s monthly sessions." | Same day: "Recordings of all arguments will be posted on the court’s website after the conclusion of arguments each day." | Same-day audio | Has closed-circuit cameras in courtroom but hasn't broadcasted cases | Yes, audio, via its YouTube channel |
18 | S.C. | The last audio livestream was on Oct. 16. The next audio livestream is expected on Nov. 4. | Sentence added to media guide in Aug. 2023 — "The Court provides a live audio feed of all scheduled oral arguments" — appears to confirm live audio as permanent policy | On Oct. 7, 2024 "The Justices will hear two oral arguments. An audio feed will be live-streamed, and the audio will be available on the Court's website later in the day." | Typically within a few hours | End-of-week audio, same-day audio 27 times in 20 years | Not allowed | Yes, audio via link on its homepage |
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20 | Notes | Courts that livestreamed the vast majority of their arguments pre-pandemic | Courts that would livestream high-profile hearings pre-pandemic after media/FTC request | Courts that have ever permitted video of arguments | ||||
21 | 9th Circuit (live video), D.C. Circuit (live audio) | 2nd Circuit (live audio), 4th Circuit (live audio) | Pre-pandemic: 2nd Circuit (not typically live), 3rd Circuit (not live), 7th Circuit (not live), 9th Circuit (live) During pandemic: 11th Circuit (typically live, but the recording would quickly disappear from the web) |