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Un-Wired reporting catching on

On July 19, 2005, television news producer David Gotfredson used a BlackBerry device to transmit the "Strippergate" verdicts from inside the federal courtroom of Judge Jeffrey Miller directly to the KFMB newsroom. The Foghorn asked Gotfredson to respond to some questions:

For the readers who may not be familiar with federal court rules on media coverage, could you explain the constraints broadcast journalists face?

Most journalists know that tape recorders and cameras are not allowed in federal court. This includes cell phone cameras. What I didn't discover until recently, however, was that San Diego's federal court has no rules whatsoever on the use of text messaging via personal digital assistant (PDA) devices, laptop computers or cell phones. Interestingly, in March of 2005, the Administrative Office of the U.S. Courts recommended that individual district courts implement their own local rules regulating the use of wireless devices. San Diego's court apparently never acted on that advice.

As KFMB was planning its coverage of the "Strippergate" trial verdicts, how did you come up with the idea to use a PDA to bypass those constraints?

It did not occur to me to use a PDA during the "Strippergate" trial until I noticed another reporter from Las Vegas openly using a BlackBerry in court. I knew Judge Jeffrey Miller had not issued a formal ruling banning the use of wireless devices in his court, and I anticipated other journalists might try to use them when the verdicts came down. As it turned out, KFMB was the only media outlet to use a PDA to transmit the verdicts. Following that, Judge Miller clarified the issue by announcing he would allow the media to use PDA devices, laptops and cell phones for text messaging in the future, as long as it does not disrupt the court proceedings. How important was it for you and KFMB to get this information out quickly? Why couldn't you just wait until all the verdicts were read?

When the verdicts came down, Michael Zucchet was getting ready to take over as acting mayor at the city council meeting that very same day. The public wanted to know these verdicts ASAP. The city needed to know the outcome for that afternoon's council session. I feel it is our job to push the limits of media access in the courtroom. In this situation, our efforts paid off with expanded access to Judge Miller's courtroom.

How did it work?

I used the BlackBerry to email messages directly to newsroom producers, who relayed the verdicts to the anchors on set. Transmission from the courthouse was clean, although our email system blocked three of the messages as "spam" because they were addressed to multiple recipients in the KFMB newsroom. Were you pleased with the outcome?

I was pleased with the PDA. I was surprised and unhappy about the controversy that followed. For days, a false rumor spread that my BlackBerry had been confiscated by courtroom security officers. Sources at the FBI and San Diego police later told me they heard I had been arrested and thrown in jail. (I was not.) Apparently, another individual in the same courtroom had been detained ñ but not charged ñ for using a BlackBerry to transmit audio of the verdicts via speakerphone (which is a violation of federal rules). Can you see other ways this kind of technology (i.e., text messaging) could be applied in another situation?

If I ever do get thrown in jail, I could use my BlackBerry to post "David's Daily Journal from Federal Prison" to an online blog.

Given the federal court's prohibition on recording in the courtroom, what alternatives do broadcasters have?

Broadcasters recently announced their intention to challenge the local rule that bans "photographs, tape recordings, video taping, broadcasting, or televising" in San Diego's federal court. In your opinion, will there be any change soon?

We have asked the court to implement district-wide rules permitting the use of wireless devices in all of San Diego's federal courts. The Administrative Office of the U.S. Courts' proposed guidelines (not yet implemented) and newsletter on the issue can be found online at:

http://www.uscourts.gov/ttb/apr05ttb/wireless/

http://www.uscourts.gov/newsroom/wireless.pdf

Posted August 2005