Tape Recordings

Tape Recordings The Supreme Court began tape recording its public sessions with the October 1955 term. Microphones were installed at the advocate's lectern and at each seat on the bench. The recording system remains largely unchanged since its installation nearly fifty years ago. The sessions are recorded to a reel‐to‐reel taping system.

The reels have been deposited at the National Archives at the end of every term, but under the Court's agreement with the Archives, the tapes were not to be made available for public use. In 1971, CBS television aired part of the recordings in the Pentagon Papers case (New York Times v. United States), prompting Chief Justice Warren Burger to halt the annual transfer to the Archives. The practice was restored in 1986 but only on the condition agreed to in writing that the tapes would be used for educational, research, or noncommercial purposes.

The tapes received relatively little use until 1992, when the New Press announced publication of a set of audiocassettes containing nine hours of edited arguments in twenty‐three cases. The Court threatened litigation, but soon relented when radio and television networks broadcast audio portions and news editorials criticized the Court for its close‐mindedness. Today, the audio materials are accessible without restriction to anyone visiting the National Archives in College Park, Maryland.

The tape archive includes all oral arguments and some admissions to the Supreme Court bar, announcements of opinions, and special public events. Beginning with the 2000 term, the Court posted oral argument transcripts on its website, www.supremecourtus.gov. Transcripts can be searched and retrieved through WESTLAW (from the 1990 term) and LEXIS (from the 1979 term). The Supreme Court library holds a transcript of every oral argument beginning with the 1968 term. The library holds transcripts prior to the 1968 term only in selected cases. The earliest transcript dates from 1935. Starting with the 2004 term, the Court adopted the practice of identifying the justices by name in the transcripts.

In a shift in policy in December 2000, the Court agreed to delayed, same‐day audio broadcast in Bush v. Palm Beach County Canvassing Board and again in Bush v. Gore. It has followed this policy in a growing handful of cases on the ground that it would serve the public interest.

Recordings of the arguments and occasional announcements of opinions are available in unedited form from the OYEZ Project at www.oyez.org.

Bibliography

Irons, Peter H., and and Stephanie Guitton , May It Please The Court. (1993).
Mersky, Roy M., and and Kumar Percy , The Supreme Court Enters the Internet Age: The Court and Technology, LLRX.com, http://www.llrx.com/features/supremect.htm

Jerry Goldman