Televising the Supreme Court: one small step towards a giant leap?

Today's news that live footage from the Supreme Court can be seen on Sky News is a major step forward that's attracted less media attention than it deserves.

I've always been baffled by the fact that, although a crucial feature of our legal system is that court hearings should be open to the public, they're only open to the few who are able to get a seat in the public gallery.

The case for banning television from courts fell apart years ago
The prohibition on recording (whether audio or video) court hearings originates from the much older ban on taking still photographs in courts - which was originally introduced because indoor photography used to require the use of flash powder. In those early days, it was rightly feared that this would be a major distraction to the ongoing proceedings.

But the rules were never updated when photographic technology had developed to the point where fast film made it easy to take quality pictures in low light. Nor were they updated when television and video technology no longer needed elaborate and potentially distracting lighting systems.

So we're still lumbered with the situation of having to rely on journalists' inevitably partial reports of court proceedings, while being prevented from witnessing them ourselves (unless we happen to be able get there and find a seat).

A needless constraint on research
Leaving aside the general question of why the wider public has been needlessly excluded from court hearings for so long, the prohibition on recording court hearings has also seriously hindered the development of research into the workings of courtroom language in Britain. My own work on public speaking was originally a by-product of studies of verbal interaction in courts that were originally done at the Oxford Centre for Socio-Legal Studies more than 30 years ago - some of which was published a book I wrote with Paul Drew (Order in Court: the organization of verbal interaction in judicial settings, London: Macmillan Press, 1979).

At that time, the only tape-recordings we could get hold of came from American colleagues, who had no trouble at all in collecting huge amounts of such data and were generous in making them available to some of us in the UK.

As for our own courts, we might have been able to see a few transcripts now and then, but that was the best you could hope for, unless you could find a judge who was also willing to break the rules in the interests of science.

In fact, the main reason I started looking at political speeches in the first place was that it was so easy to collect recordings from radio and television (for more on which, see HERE) and audible signs of approval like clapping and cheering made it possible to identify what actually turned audiences on.

A new beginning?
So we should not only welcome the initiative announced today by Sky News, but hope that televising will not stop short at the Supreme Court and will soon be extended to lower courts as well. Until that happens, the claim that our courts are open to the public may be true in principle, but it remains rather far removed from reality in practice.

P.S.
After posting this, I heard via Twitter from Jamie Wood (@JFDWood), a Sky News executive producer, that this is indeed the first step in a campaign for the restrictions on cameras in our courts to be lifted, for more on which see HERE.

Compromise or betrayal: truth or rhetoric from Paddy Ashdown?

It's always good to see former pupils making use of powerful rhetorical devices like the contrast, whether in a speech or an interview (below).

Since last Thursday's collapse of the Lib Dem vote, I confess to having wondered why their former leader was being given so much air time. Yes, when he was leader, broadcasters were frustratingly reluctant to have any LibDem MPs other than Paddy Ashdown on their shows (HERE).

But twelve years and three leaders later, there he still is on our screens - pretty much regardless of which network you happen to be watching, as in this clip from Sky News:

Compromise or betrayal?


Truth or rhetoric?
As this is a 'non-aligned' blog, it's obviously up to readers to draw their own conclusions about whether this particular contrast between compromise and betrayal is an accurate assessment of the post-poll situation or 'mere rhetoric'.

A Lib Dem Dilemma?
Ashdown's recent ubiquity on the media also raises another question, namely how long should elder statesmen carry on in the front line? It occurred to me because his frequent appearances since last Thursday prompted, for what it's worth, quite a lot of negative comment on Twitter.

Does the regular participation of a former leader (from 12 years ago) give the impression that current leading party figures are in hiding and happy to let an old-timer take the flak? Does it imply that someone who isn't in the coalition government has rather more influence behind the scenes than we've been told. Or does it merely remind viewers that the party once had a charismatic leader who was blessed with what I've described elsewhere as the 'je ne sais quoi' factor, and implicitly invite them to make negative comparisons with the current leader?

I don't have a clear answer to any of these questions, but I do think that they should give the Lib Dem communications strategists some food for thought...

Masterful mood changes in Obama's latest masterpieces on Trump and Bin Laden

Within two days, President Obama has delivered two remarkable speeches, demonstrating beyond doubt that he's still very much at the top of the oratorical game - with the ability to capture two completely different moods in talking about two completely different types of opponent.

When giving his stand-up comedy routine about Donald Trump the other day (video 1 below), he obviously knew that he'd just authorised American special forces to undertake a highly risky attack on Osama Bin Laden - and that it wouldn't be long before he'd have to appear before the world as the bearer, depending on the outcome, of good or bad news.

Luck turned out to be on his side. But what was so impressive bout these two latest speeches was how effectively he succeeded in communicating two completely different moods, both of which were arguably just right for each occasion - and both of which are gems worthy of closer scrutiny by any serious student of rhetoric...

VIDEO 1: On Trump




VIDEO 2: On Bin Laden



Full script of the Bin Laden statement:
"Good evening. Tonight, I can report to the American people and to the world that the United States has conducted an operation that killed Osama bin Laden, the leader of Al-Qaeda, and a terrorist who's responsible for the murder of thousands of innocent men, women, and children.

"It was nearly 10 years ago that a bright September day was darkened by the worst attack on the American people in our history. The images of 9/11 are seared into our national memory - hijacked planes cutting through a cloudless September sky; the Twin Towers collapsing to the ground; black smoke billowing up from the Pentagon; the wreckage of Flight 93 in Shanksville, Pennsylvania, where the actions of heroic citizens saved even more heartbreak and destruction.

"And yet we know that the worst images are those that were unseen to the world. The empty seat at the dinner table. Children who were forced to grow up without their mother or their father. Parents who would never know the feeling of their child's embrace. Nearly 3,000 citizens taken from us, leaving a gaping hole in our hearts.

"On September 11, 2001, in our time of grief, the American people came together. We offered our neighbours a hand, and we offered the wounded our blood. We reaffirmed our ties to each other, and our love of community and country. On that day, no matter where we came from, what God we prayed to, or what race or ethnicity we were, we were united as one American family.

"We were also united in our resolve to protect our nation and to bring those who committed this vicious attack to justice. We quickly learned that the 9/11 attacks were carried out by Al-Qaeda - an organisation headed by Osama bin Laden, which had openly declared war on the United States and was committed to killing innocents in our country and around the globe. And so we went to war against Al-Qaeda to protect our citizens, our friends, and our allies.

"Over the last 10 years, thanks to the tireless and heroic work of our military and our counterterrorism professionals, we've made great strides in that effort. We've disrupted terrorist attacks and strengthened our homeland defence. In Afghanistan, we removed the Taliban government, which had given bin Laden and Al-Qaeda safe haven and support. And around the globe, we worked with our friends and allies to capture or kill scores of Al-Qaeda terrorists, including several who were a part of the 9/11 plot.

"Yet Osama bin Laden avoided capture and escaped across the Afghan border into Pakistan. Meanwhile, Al-Qaeda continued to operate from along that border and operate through its affiliates across the world.

"And so shortly after taking office, I directed Leon Panetta, the director of the CIA, to make the killing or capture of bin Laden the top priority of our war against Al-Qaeda, even as we continued our broader efforts to disrupt, dismantle, and defeat his network.

"Then, last August, after years of painstaking work by our intelligence community, I was briefed on a possible lead to bin Laden. It was far from certain, and it took many months to run this thread to ground. I met repeatedly with my national security team as we developed more information about the possibility that we had located bin Laden hiding within a compound deep inside of Pakistan. And finally, last week, I determined that we had enough intelligence to take action, and authorized an operation to get Osama bin Laden and bring him to justice.

"Today, at my direction, the United States launched a targeted operation against that compound in Abbottabad, Pakistan. A small team of Americans carried out the operation with extraordinary courage and capability. No Americans were harmed. They took care to avoid civilian casualties. After a firefight, they killed Osama bin Laden and took custody of his body.

"For over two decades, bin Laden has been Al-Qaeda's leader and symbol, and has continued to plot attacks against our country and our friends and allies. The death of bin Laden marks the most significant achievement to date in our nation's effort to defeat Al-Qaeda.

"Yet his death does not mark the end of our effort. There's no doubt that Al-Qaeda will continue to pursue attacks against us. We must - and we will - remain vigilant at home and abroad.

"As we do, we must also reaffirm that the United States is not - and never will be - at war with Islam. I've made clear, just as President Bush did shortly after 9/11, that our war is not against Islam. Bin Laden was not a Muslim leader; he was a mass murderer of Muslims. Indeed, Al-Qaeda has slaughtered scores of Muslims in many countries, including our own. So his demise should be welcomed by all who believe in peace and human dignity.

"Over the years, I've repeatedly made clear that we would take action within Pakistan if we knew where bin Laden was. That is what we've done. But it's important to note that our counterterrorism cooperation with Pakistan helped lead us to bin Laden and the compound where he was hiding. Indeed, bin Laden had declared war against Pakistan as well, and ordered attacks against the Pakistani people.

"Tonight, I called President Zardari, and my team has also spoken with their Pakistani counterparts. They agree that this is a good and historic day for both of our nations. And going forward, it is essential that Pakistan continue to join us in the fight against al Qaeda and its affiliates.

"The American people did not choose this fight. It came to our shores, and started with the senseless slaughter of our citizens. After nearly 10 years of service, struggle, and sacrifice, we know well the costs of war. These efforts weigh on me every time I, as Commander-in-Chief, have to sign a letter to a family that has lost a loved one, or look into the eyes of a service member who's been gravely wounded.

"So Americans understand the costs of war. Yet as a country, we will never tolerate our security being threatened, nor stand idly by when our people have been killed. We will be relentless in defence of our citizens and our friends and allies. We will be true to the values that make us who we are. And on nights like this one, we can say to those families who have lost loved ones to Al-Qaeda's terror: Justice has been done.

"Tonight, we give thanks to the countless intelligence and counterterrorism professionals who've worked tirelessly to achieve this outcome. The American people do not see their work, nor know their names. But tonight, they feel the satisfaction of their work and the result of their pursuit of justice.

"We give thanks for the men who carried out this operation, for they exemplify the professionalism, patriotism, and unparalleled courage of those who serve our country. And they are part of a generation that has borne the heaviest share of the burden since that September day.

"Finally, let me say to the families who lost loved ones on 9/11 that we have never forgotten your loss, nor wavered in our commitment to see that we do whatever it takes to prevent another attack on our shores.

"And tonight, let us think back to the sense of unity that prevailed on 9/11. I know that it has, at times, frayed. Yet today's achievement is a testament to the greatness of our country and the determination of the American people.

"The cause of securing our country is not complete. But tonight, we are once again reminded that America can do whatever we set our mind to. That is the story of our history, whether it's the pursuit of prosperity for our people, or the struggle for equality for all our citizens; our commitment to stand up for our values abroad, and our sacrifices to make the world a safer place.

"Let us remember that we can do these things not just because of wealth or power, but because of who we are: one nation, under God, indivisible, with liberty and justice for all.

"Thank you. May God bless you. And may God bless the United States of America."