Thursday, February 9, 2012

What about the Prop8 tapes?

Last week, the 9th circuit court decided that the PRop8 trial video tapes should remain sequestered from the public, on the grounds that the judge had promised they would, and people should be able to trust the word of the judiciary.

I think that was the right decision. Yes, the tapes SHOULD be public, and while I believe that the initial decision to keep them under wraps was wrong, once that decision was made, I don't think the court had a choice but to enforce it.

What the decision made clear, however, was that the court didn't by the defendant's claims of being fearful or threatened as justification to keep the tapes secret. The finding was very narrow, on the value of the judicial promise.

Incidentally, while they remain under seal for now, they may well be released in 2020, 10 years after the trial.

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