Livestreamed audio also gives the American public real-time access to important events in the Supreme Court’s courtroom. This may be practically important in those few cases where the oral argument itself may have significant immediate effects, for example on public markets. In addition to hearing arguments, it could also be meaningful for members of the public to hear opinion announcements from the Justices themselves in real time.
Although livestreaming of the arguments prevents the Court from fixing minor mistakes that may occur during oral argument, the past two Terms indicate that this problem is minor. Livestreamed audio has led to few, if any, hiccups; any such technical problems were related to the telephonic format of the arguments during the pandemic. There is also some concern that observers in the courtroom might attempt to use the fact of livestreaming to disrupt the proceedings. A short delay in transmission to allow livestreaming to be halted during any outburst could prevent any such disruption.
Given the Court’s longstanding opposition to cameras, a continuation of near-simultaneous audio would be a step toward enabling the media and interested members of the bar and the public to better follow the work of the Court. Perhaps further experience with simultaneous audio will encourage the Court to try cameras as well.
