Open Court

Georgia courtrooms are presumptively open to the public. Here's what citizens and journalists need to know about court access, cameras, and the balance between transparency and a fair trial.

The Sheppard Case: A Landmark in Press and Courts

Decades before gavel-to-gavel coverage of the O.J. Simpson murder trial polarized the country, an Ohio osteopath stood under a media spotlight so intense the U.S. Supreme Court labeled it a carnival. The press was allowed unprecedented access to jurors in the murder trial of Dr. Sam Sheppard, accused in the 1954 beating death of his pregnant wife, Marilyn.

Reporters were allowed access to evidence and to the Sheppard home, and to tape Sheppard being interviewed by police. The bias against Sheppard was palpable. One Ohio newspaper ran a front page headline that read, "Why isn't Sam Sheppard in Jail?" The coroner's inquest into Marilyn Sheppard's death was televised, and the coroner — not an attorney — questioned Sheppard for five hours without his lawyer present.

The trial judge didn't sequester jurors or admonish them to avoid media reports. He famously told a reporter on the first day of the nine-week trial, "He's guilty as hell. There's no question about it." Not many were surprised when Sheppard was convicted. The media exposure was so egregious that the U.S. Supreme Court found in 1966 that Sheppard had been denied his constitutional right to a fair trial, citing five specific violations and ordering a new trial.

The Sheppard case, studied by legal and journalism scholars for more than 50 years, presents a classic example of how the media's First Amendment right to freedom of the press can clash with a defendant's Sixth Amendment right to a fair trial.

Court Access Under Georgia Law

Under Georgia law, all courtroom proceedings are deemed open with limited exceptions. In general, members of the public share the same access to courts as members of the media. Henry County Chief Magistrate Judge Robert Godwin has noted that his courtrooms are accessible to the public and the media alike.

The presumption of openness is rooted both in Georgia law and in the First and Sixth Amendments to the U.S. Constitution. Courts can only be closed for compelling reasons — to protect a witness, to seal sensitive evidence, or to prevent prejudicing a jury — and any such closure must be explicitly justified and narrowly tailored.

Cameras in the Courtroom

During the Sheppard era, media was limited to radio, television, and newspapers. Today, methods of disseminating information have multiplied to include the internet, YouTube, blogs, podcasts, and live streaming. The question of who can record courtroom proceedings has become correspondingly more complex.

Under the Georgia courts' Uniform Rules, cameras and digital recording devices in courtrooms are allowed to be used only by members of the media. Citizens attending as observers do not have the same right to record proceedings for broadcast. Individual judges have discretion to manage camera access within these guidelines.

As web-based news organizations have grown while traditional newspapers have declined, the traditional definition of "media" for camera access purposes has become contested. A blogger covering a trial for a large public audience may have as significant a public function as a reporter for a regional newspaper, but may not be accorded the same formal media status in a given court.

Media vs. Citizen Access

In most respects, citizens and journalists have equal rights of access to Georgia courtrooms. The primary distinction is in the use of recording equipment. Journalists recognized by the court as "media" may bring cameras; private citizens attending as observers generally may not.

For court records and documents, the situation is more parallel. Court filings, orders, and most case documents are public records that any citizen can access. Many Georgia counties maintain online court portals. The clerk of court's office is the primary resource for obtaining court documents.

Balancing Fair Trial and Free Press

The tension between the First Amendment right to a free press and the Sixth Amendment right to a fair trial remains one of the most challenging areas of constitutional law. The Sheppard case resolved that neither right is absolute — but finding the right balance in any given high-profile case continues to test courts, lawyers, and journalists.

For Georgians interested in open courts, the key practical points are:

  • Georgia courtrooms are presumptively open — you have a right to attend
  • Court records are presumptively public — you have a right to request them
  • Closures and sealing orders require specific judicial findings and can be challenged
  • Media have limited additional rights around recording equipment

The Georgia Press Association and the Georgia First Amendment Foundation provide guidance to journalists navigating court access issues and can be valuable resources for citizens who encounter obstacles to accessing court proceedings.

Disclaimer: Nothing on this page constitutes legal advice. Consult a licensed attorney for guidance on specific court access issues.

Frequently Asked Questions About Open Courts

Are Georgia courtroom proceedings open to the public?

Yes. Under Georgia law, all courtroom proceedings are deemed open to the public with limited exceptions. In general, members of the public share the same access to courts as members of the media. Citizens can observe trials, hearings, and other court proceedings.

Limited exceptions exist for certain hearings involving juveniles, confidential business information, and proceedings where a judge has made specific findings that closure is necessary to protect a compelling interest. Any such closure must be narrowly tailored and subject to review.

What is the Sheppard case and why does it matter for open courts?

The 1954 trial of Dr. Sam Sheppard for the murder of his wife became a landmark case in the tension between press freedom and a defendant's right to a fair trial. The media coverage was so pervasive and prejudicial that the U.S. Supreme Court overturned Sheppard's conviction in 1966, finding that the "carnival atmosphere" of the trial had denied him a fair proceeding.

The case established important limits on how far press coverage can go without implicating a defendant's Sixth Amendment rights, while also affirming the important role of a free press in covering court proceedings. It remains one of the most-studied cases in journalism and law schools.

Can citizens bring cameras or recording devices to Georgia courtrooms?

Under the courts' Uniform Rules, cameras and digital recording devices in Georgia courtrooms are allowed to be used only by members of the media. Private citizens attending trials as observers do not have the same right to record. Judges have discretion to manage the courtroom environment and can restrict or permit cameras on a case-by-case basis.

This distinction between media and citizen recording is one of the few areas where the news media has a distinct advantage over the general public in terms of legal access.

What changed in court coverage with the rise of internet news organizations?

The proliferation of online news organizations, blogs, and independent journalists has complicated the traditional distinction between "media" and "public" in the context of court access. As traditional newspapers have declined, many journalists now work for web-based outlets that may not be recognized as traditional media.

This creates ongoing questions about who qualifies for media-specific privileges like courtroom cameras. Courts are gradually grappling with these questions, and standards vary by jurisdiction. Citizens who cover court proceedings for legitimate public interest purposes may want to consult with journalism organizations about their standing.

Can a judge close a hearing or seal court records in Georgia?

Judges can close specific hearings or seal records, but they must make explicit findings that closure is necessary to protect a compelling interest that cannot be addressed through less restrictive means. General or routine closure without specific justification is not permissible under either the First Amendment or Georgia's open courts tradition.

If you believe a court proceeding has been improperly closed, a media organization or public interest law firm can file a motion to intervene. Courts take these challenges seriously, and the presumption of openness is strong in Georgia.

How can citizens access court records and documents in Georgia?

Most court filings, orders, and records in Georgia are available to the public. Clerk of court offices maintain these records and citizens can request copies. Many county courts have online portals where court dockets and documents can be searched and accessed.

Sealed documents require a court order to access. If you believe a document has been improperly sealed, you may petition the court for access. Court records requests are governed by different rules than administrative Open Records Act requests, but the underlying principle — public access as the default — is the same.