Sixth Circuit weighs First Amendment claim over public access to courtroom audio recordings

Michigan resident Samantha Hallman challenged a state Supreme Court rule that allows courts to keep audiovisual recordings out of public records, asserting a First Amendment violation. After being given a link that expired in 72 hours and prohibited from sharing the audio of her brother’s marijuana possession sentencing, she sued several judges, among them Lisa Asadoorian. The Eastern District of Michigan dismissed the case for lacking a "helpful historical record."

On Wednesday, a Sixth Circuit panel considered whether the rule’s distinction between transcript requests and denial of recordings is constitutionally sound. Judges Jeffrey Sutton and Karen Moore expressed worries that a ruling could discourage audio recording and highlighted cost differences between transcripts and recordings, while defense counsel argued that audio is not the official record and cited Supreme Court precedent denying a right to television access. The panel left the decision pending.