Televising the Supreme Court

Last month, Tony Mauro published a column in the National Law Journal (found here), highlighting the results of a public-opinion poll that researchers at Farleigh Dickinson University conducted to determine the level of support for televising proceedings at the Supreme Court.  Sixty-one percent of Americans, the poll found, believed that televising the Court’s proceedings would be “good for democracy.”  And that result, compared to the twenty-six percent of respondents who thought television would “undermine the authority and dignity of the court,” suggested that the researchers had found overwhelming public support for the idea — indeed, bipartisan support.  For seventy-one percent of those who identified themselves as liberals favored the idea, and fifty-five percent of self-identifying conservatives did the same.

The readers of this blog are undoubtedly familiar with the essential contours of the debate over televising the Court’s proceedings.  Proponents argue that cameras would provide the public with greater access to an important public institution.  They suggest following the mold of what C-SPAN has done for public debates and committee hearings in Congress.  Opponents, essentially, believe that what might have worked for Congress will not work for the Court.  They contend that cameras will alter the dynamic in the courtroom, allowing participants to play to a larger audience in a way that would diminish the value of oral arguments.  Litigants may address the Court with less candor, preferring to speak in platitudes designed for the evening news, and the justices themselves may be less willing to ask pointed questions, lest they be misconstrued by a larger audience. 

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Intimate Associations and Public Employment

Sexharass FirehelmetIn the past, I have written about my belief that public employees’ rights to sexual privacy should enjoy the same protection afforded First Amendment rights to speech and religion.

So far, courts have been unreceptive to my claims that post-Lawrence v. Texas, the right to sexual privacy represents a heightened constitutional right which should lead only to employer interference with that right if the employer has a legitimate and substantial justification for so doing.  The most recent example of courts’ lack of receptivity to this argument comes from the Eleventh Circuit yesterday. 

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April 12: The Voices of MPS Leadership Experience

Who knows better the challenges and problems of heading up the Milwaukee Public Schools system than the people who have done it previously? 

While former MPS superintendents have generally adhered to a policy of not speaking up on what their successors ought to do, four people who have held the top post in the system will appear together at Marquette University Law School on Monday, April 12, to share their thoughts.

The four are Robert Peterkin, superintendent from 1988 to 1991 and a professor at Harvard since then; Howard Fuller, superintendent from 1991 to 1995 and head of the Institute for the Transformation of Learning at Marquette since then; Barbara Horton, acting superintendent in 1999 and now head of a charter school in Milwaukee; and Spence Korte, superintendent from 1999 to 2002, now retired.

Peterkin has headed Harvard’s program to train urban superintendents in recent years and has rarely spoken publicly about Milwaukee issues. While Fuller has been one of the nation’s most prominent voices for school choice programs, he has been cautious about speaking about MPS. Korte has also generally avoided the spotlight since retiring from MPS. Horton has the unusual distinction of having also been a member of the Milwaukee School Board for five years.

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