Dueling Rights
Next week the Indiana Recount Commission will hear testimony in the voter fraud case involving embattled Secretary of State Charlie White*. Tuesday, the Commission heard arguments from both White and the media as to whether cameras should be allowed in the hearing. White’s attorneys argued unsuccessfully that cameras should be excluded because they would intimidate witnesses. However attorneys for the press argued the public has a right to know and no cameras have ever been banned from a recount hearing before. I agree.
This is one of those moments where the lawyer in me occasionally butts heads with the journalist/media commentator in me. The lawyer in me believes in the rights of due process and the media person in me strongly believes in the public’s right to know. I can see where White’s lawyers would have concerns about cameras at the hearing, however, there are more than enough safeguards in place to protect White’s rights.
If testimony gets out of hand or starts going down a road that’s irrelevant, the Chairman of the Commission can bring things to a halt and get them back under control. However, these are serious public matters and the public has a right to see these hearings. Potentially embarrassing testimony does not trump the public’s right to know and the rights of an open press.
Now maybe one day there will be cameras allowed in local courts. But that’s another blog post for another time. On this one, the First Amendment wins, easily.
*For those of you upset that I did not use this space to recommend Charlie White step down I refer you to this earlier blog post.
