Neither Phones Nor Cameras Nor Tweets in the Court

Monday, March 26, 2012

Neither Phones Nor Cameras Nor Tweets in the Court

By:  Michael D. Shear, New York Times

WASHINGTON - There was a time - before Twitter, cable TV, bloggers and mobile apps - when political reporters in Washington waited until the end of a big campaign rally, court case or Congressional hearing before rushing to tap out their stories or call in their scoops.

How quaint.

Politics here in the nation's capital now moves at the speed of a tweet, feeding a culture in which knowledge is power and the assumption is that events will unfold publicly in real time.

But starting Monday, during six hours of Supreme Court arguments over the constitutionality of President Obama's health care law, the city's political metabolism will be slowed unwillingly to predigital speeds.

On three mornings this week, a select group of reporters, lawyers and observers will crowd into the court's august chamber as the nine justices grill the advocates in a case freighted with huge legal and political implications. No Twitter messages will be allowed. No one in the room will be permitted to make a telephone call. There will be no BlackBerrys or laptops or iPads to blog with.

Pundits will chatter on cable TV. And a media-political circus is expected outside the court, where a line started forming at 9:30 a.m. on Friday - as if a new iPAD were about to go on sale.

But for those two hours, the rest of the world will have little idea what is happening inside.

"It's going to be a very weird flashback to the old ways of doing things," said Eddie Vale, a spokesman for Protect Your Care, a group that supports the health care law. "It will be like those old-fashioned movie scenes where the reporters fight each other to get into the phone booth to report it in."

Rarely has so much in-the-moment attention been focused on arguments before the Supreme Court, which stubbornly sticks to traditions that predate the communications revolution. "NO electronics devices," a court memorandum says. "Note taking only material is allowed in the Courtroom (i.e., pen & pad)."

But the law has become the focus of an argument about Mr. Obama's philosophy of government, and an issue in the presidential campaign. That means intense interest among readers and viewers, many of whom have gotten used to watching democratic uprisings half a world away unfold before their eyes.

News organizations are doing their best to balance the court's old-fashioned rules and the new pressures to report what is going on as it happens.

The Associated Press plans to have two reporters in the court listening to the arguments. But one of them has instructions to leave about halfway through, file a short "urgent" story for the news service's members, and then post on Twitter whatever is known.

Sally Buzbee, the Washington bureau chief for The A.P., said she had resisted the urge to tell her reporters to dash out after the first few minutes.

"There's a real tension here between running out after the first quote and getting some substantive sense of what's really going on in there," Ms. Buzbee said. "Our interest here is getting information out as fast as possible. Who knows what's going to happen? And there's certainly huge interest in that."

Like other news organizations, The A.P. petitioned the court to allow television cameras in the courtroom for the hearings. That request was denied. The consolation prize? Audio recordings of the arguments will be released on the same day.

Networks will probably broadcast parts of the recordings once they are available, said Sam Feist, CNN's Washington bureau chief. But like The A.P., the networks, and their anchors, will have to wait for sporadic reports during the arguments.

Mr. Feist said that while interest in the proceedings would be intense and CNN planned regular updates, he did not expect the arguments to yield any bombshells.

"I'm not convinced that there will be breaking news during the argument," Mr. Feist said. "If there's news, we will make sure our viewers know it. We have the ability to send people out if we think the argument warrants it."

Advocacy groups, too, are having to make contingency plans as they prepare to try to seize the moment to influence public opinion about the health care law.

Mr. Vale's group is planning to hold a news conference at 10 a.m. on Monday as the arguments begin. But its second news conference, in the afternoon, will not occur until Protect Your Care's leaders huddle with lawyers who were inside the court, so they know what actually happened.

"Waiting a couple of hours is like what waiting a couple of days used to be," Mr. Vale said. But he said that the group would not have much to say until it knew what went on in the courtroom.

"If Justice Kennedy sneezes, everybody is going to be arguing for 10 hours about what that meant," Mr. Vale said.

That may be exactly the kind of speculation and commentary that Chief Justice John G. Roberts Jr. and his colleagues were hoping to avoid when they turned down live cameras for the arguments.

"The court is right about this. This is not a breaking story where there are 'Aha!' moments," said Mike McCurry, a White House press secretary for Bill Clinton in the 1990s. "They are trying to deliberate and probe and get the answer right. We don't want tweets on every little aspect of this."

He added, "This is a great example of where we want news and media organizations to slow down, give us a comprehensive report."

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