ABSTRACT
Reporters who cover civil and criminal trials want to share information about courtroom proceedings as rapidly as possible, often on social media. Likewise, courtroom observers and participants want to use social media to discuss and research proceedings. Although most courts are open to the public, judges may limit the use of social media in court. This chapter explores the law governing the right to use recording devices in courtrooms and how those precedents apply to mobile devices and social media. The chapter then discusses the application of various rules related to using such technologies inside courtrooms, how courts address fair trial concerns raised by social media, how local rules and ethics codes constrain judges’ and lawyers’ use of social media, and how the rules may be changing to accommodate more robust access through technologies such as livestreaming.
