IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
- - -
AMERICAN CIVIL LIBERTIES : CIVIL ACTION NO. 96-963-M
UNION, et al :
Plaintiffs :
:
v. : Philadelphia, Pennsylvania
: March 21, 1996
JANET RENO, in her official :
capacity as ATTORNEY GENERAL :
OF THE UNITED STATES, :
Defendant :
. . . . . . . . . . . . . . . .
HEARING BEFORE:
THE HONORABLE DOLORES K. SLOVITER,
CHIEF JUDGE, UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
THE HONORABLE RONALD L. BUCKWALTER
THE HONORABLE STEWART DALZELL
UNITED STATES DISTRICT JUDGES
- - -
APPEARANCES:
For the Plaintiffs: CHRISTOPHER A. HANSEN, ESQUIRE
MARJORIE HEINS, ESQUIRE
ANN BEESON, ESQUIRE
American Civil Liberties Union
132 West 43rd Street
New York, NY 10036
-and-
STEFAN PRESSER, ESQUIRE
American Civil Liberties Union
123 S. 9th Street, Suite 701
Philadelphia, PA 19107
-and-
For the ALA BRUCE J. ENNIS, JR., ESQUIRE
Plaintiffs: ANN M. KAPPLER, ESQUIRE
JOHN B. MORRIS, JR., ESQUIRE
Jenner and Block
601 13th Street, N.W.
Washington, DC 20005
- - -
2
APPEARANCES: (Continued)
For the Defendant: ANTHONY J. COPPOLINO, ESQUIRE
PATRICIA RUSSOTTO, ESQUIRE
JASON R. BARON, ESQUIRE
THEODORE C. HIRT
Department of Justice
901 E. Street, N.W.
Washington, DC 20530
-and-
MARK KMETZ, ESQUIRE
U.S. Attorney's Office
615 Chestnut Street, Suite 1250
Philadelphia, PA 19106
- - -
Also Present: MICHAEL KUNZ
Clerk of the Court for the
Eastern District of Pennsylvania
- - -
Deputy Clerks: Thomas Clewley
Matthew J. Higgins
Audio Operator: Andrea L. Mack
Transcribed by: Geraldine C. Laws
Grace Williams
Tracey Williams
Laws Transcription Service
(Proceedings recorded by electronic sound recording;
transcript provided by computer-aided transcription service.)
3
1 (Whereupon the following occurred in open court at
2 9:32 o'clock a.m.:)
3 CLERK OF COURT KUNZ: Oyez, oyez, oyez, all manner
4 of persons having any matter to present before the Honorable
5 Dolores K. Sloviter, Chief Judge of the United States Court
6 of Appeals for the Third Circuit and the Honorable Ronald L.
7 Buckwalter and the Honorable Stewart Dalzell, Judges of the
8 United States District Court for the Eastern District of
9 Pennsylvania may at present appear and they shall be heard.
10 God save the United States and this Honorable Court. Court
11 is now in session, please be seated.
12 COUNSEL: Good morning, your Honor.
13 JUDGE SLOVITER: Good morning. This is the hearing
14 before the statutory Three-Judge Court on the request for a
15 preliminary injunction in the consolidated action of American
16 Civil Liberties Union and its co-plaintiffs versus Reno, No.
17 96-963, and American Library Association and its co-
18 plaintiffs versus Department of Justice, No. 96-1458.
19 Judge Buckwalter and I want to thank Judge Dalzell
20 for his case management of all preliminary matters and all
21 three Judges want to thank the parties for their concerted
22 efforts to expedite the proceedings by entering into
23 stipulations and we want to thank the plaintiffs for
24 presenting their testimony in chief by affidavits which are
25 available for public and press view.
4
1 We -- now, there have been various requests for
2 photographing the proceedings and I thought it might be, we
3 thought it might be appropriate to make a statement at the
4 inception.
5 In September 1994 the Judicial Conference of the
6 United States voted not to permit the taking of photographs
7 and radio and television coverage of proceedings in the
8 United States District Courts, whether those proceedings are
9 civil or criminal.
10 When the Judicial Conference voted last week to
11 permit each Court of Appeals to decide whether and under what
12 circumstances to permit the taking of photographs and radio
13 and television arguments of appellate arguments it reiterated
14 its prior policy with respect to the District Courts.
15 This proceeding is a three-judge District Court
16 proceeding. I am a member of the Judicial Conference of the
17 United States and Chief Judge Cahn of the Eastern District of
18 Pennsylvania is a member of the Judicial Conference.
19 Whatever the views of individual members of the
20 Eastern District on the issue of cameras in the Federal
21 courtroom or the collective views on that issue of that
22 District Court which was one of the pilot courts during the
23 project and whatever the personal views of the Judges on this
24 panel on that issue, we will abide by the vote of the
25 Judicial Conference of the United States, whether binding or
5
1 hortatory.
2 We are privileged to be part of the great
3 institution that is the Federal Judiciary of the United
4 States.
5 Okay, we will proceed with cross-examination of the
6 plaintiff's witness by the Government and we ask the
7 Government at the inception is there any -- we understand
8 that the first witness is -- and we'll ask the Government,
9 whom are you calling? The Government.
10 (Laughter.)
11 JUDGE SLOVITER: The Court of Appeals, go ahead.
12 MR. COPPOLINO: I'm sorry, your Honor, your
13 question?
14 JUDGE SLOVITER: Your first witness?
15 MR. COPPOLINO: Would be Scott Bradner, I believe,
16 your Honor.
17 JUDGE SLOVITER: Okay. And do you accept Mr.
18 Bradner as an expert?
19 MR. COPPOLINO: Yes, we do, your Honor.
20 JUDGE SLOVITER: Okay, thank you. Then proceed.
21 JUDGE DALZELL: Oh, yes, Mr. Coppolino, just one
22 housekeeping, important housekeeping matter. We were most
23 grateful to the parties for the extensive stipulations that
24 were submitted that will probably save us a week of testimony
25 but there was -- and I don't criticize you for this -- there
6
1 was a qualification at the beginning of the stipulating
2 having to do with the fact that discovery of the plaintiff's
3 case was not concluded and therefore it says that no party
4 waives its right to submit information inconsistent with its
5 terms should it learn thereof through discovery, disclosure
6 or other investigation.
7 Now, I take it that by April 1st, that is to say
8 when the plaintiffs complete their case, that the Government
9 will be in a position to tell us yea or nay whether it indeed
10 accepts every paragraph of those stipulations.
11 MR. COPPOLINO: Your Honor, I believe I can
12 represent that the purpose of the stipulation on the part of
13 both parties was to indicate that it was applicable to the
14 entire PI hearing. And I believe that the specific purpose
15 being addressed here is that as the case proceeds beyond the
16 PI stage of the merits and discovery is taken at that time
17 which indicates that some of the statements in here are
18 incorrect or inaccurate upon further testing that at that
19 point these particular stipulations would not apply.
20 That's my understanding.
21 JUDGE DALZELL: All right. So therefore you can
22 represent to us now that for purposes of this preliminary
23 injunction hearing that we may take the stipulation without
24 qualification.
25 MR. COPPOLINO: Yes.
7
1 JUDGE DALZELL: Okay, fine, that's very helpful.
2 Thank you.
3 Okay, do you want to -- it's Mr. Bradner, is it?
4 MR. MORRIS: Yes, your Honor, my name is John
5 Morris, co-counsel for the ALA plaintiffs and plaintiffs call
6 as their first witness Scott O. Bradner.
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