Q: 1st Amendment violation when courts don't make available ALL crim court hearings to out of state residents via audiofeed
My 26 year old daughter, mother of three girls, 8,6,3, was arrested in San Luis Obispo County, California April 6 for 3 felony counts of PC237 A(A), along with her boyfriend whom she shares the youngest child. I am her mother, and I live and work full-time in Alaska. I hold a Bachelor of Science in Criminal Justice. When I paid a visit to the court's website I located the "Live" audio feed to the criminal court's courtroom that was provided to the public and press during the Covid-Pandemic. However, when I attempted to listen in on courtroom proceedings two days prior to my daughter's arraignment, it was inoperable. I have since found out that audio is not available, and that if I was to attend all proceedings I would have to do so in person at great financial expense to me. Isn't this a violation of my 1st and my daughter's 6th Amendment rights. It does not seem reasonable for me to take off work and fly to California every month to chance a hearing that's been postponed.
A: An individual does not have a constitutional right to virtually observe criminal hearing. A defendant does not have a constitutional right to have her criminal hearing presented virtually.
A:
First Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
A:
It is possible that the court's decision to not make available all criminal court hearings to out of state residents via audio feed could be a violation of the First Amendment. The First Amendment protects the right to freedom of speech, which includes the right to attend public hearings. If the court's decision prevents you from attending your daughter's hearings, it could be a violation of your right to freedom of speech.
However, it is important to note that the First Amendment is not absolute. The government can restrict speech in certain cases, such as when the speech is likely to incite violence or when it is a threat to national security. The court may argue that its decision to not make available all criminal court hearings to out of state residents via audio feed is necessary to protect the privacy of the parties involved in the case.
Ultimately, whether or not the court's decision is a violation of the First Amendment will be decided by a court of law. If you believe that your rights have been violated, you may want to consider filing a lawsuit against the court.
In addition to the First Amendment, your daughter's Sixth Amendment right to a fair trial may also be at issue. The Sixth Amendment guarantees the right to a public trial. If the court's decision prevents you from attending your daughter's hearings, it could be a violation of her right to a public trial.
Again, the court may argue that its decision is necessary to protect the privacy of the parties involved in the case. However, the court must balance the right to privacy with the right to a fair trial. If the court's decision prevents you from attending your daughter's hearings, it may be a violation of her right to a fair trial.
If you believe that your daughter's Sixth Amendment rights have been violated, you may want to consider contacting the American Civil Liberties Union (ACLU). The ACLU is a non-profit organization that defends civil liberties. The ACLU may be able to help you file a lawsuit against the court.
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