A bad look: Israel’s courts ask Google and Twitter to scrub news stories critical of judges

Ha’aretz reports that Israel’s Courts Administration has been asking Google, Twitter, and other social media and search sites to scrub selected stories that appear to be critical of Israeli judges. While some of the stories are apparently incomplete or inaccurate, others appear to be straightforward mainstream media reports in which one or more judges is directly criticized for official actions. From the story:

“In some cases, the Courts Administration didn’t inform the relevant media outlets that it had requested an article’s removal. Moreover, it never informed the Justice Ministry that it was trying to remove such articles, and its legal adviser, Barak Lazer, did not mention this fact when he briefed the Knesset on the task force’s work in 2018.

The task force was formed by former Supreme Court President Asher Grunis due to an increase in online attacks on judges, particularly on social media. Its job was to ask social media companies to remove offensive posts. It also warned the people who wrote them that if the posts weren’t removed, the Courts Administration may take legal action against them.

A Courts Administration official said the task force contacts Google only if a judge complains; it doesn’t go looking for problematic content online. But a senior Justice Ministry official said that this did not make its conduct acceptable.”

No, it doesn’t. Wow.

No, it doesn’t.

The federal courts try to self-censor. A federal judge says no.

Hoping not to be bullied is not a worthy strategy for a co-equal branch of government.

A little over two years ago, the Administrative Office of the United States Courts (AO) issued a new policy which barred its employees and staff from engaging in partisan political activity, including posting yard signs or making ordinary campaign donations. I predicted at the time that the First Amendment implications would likely turn the new policy into a headache for the AO.

And so it did. In May of 2018, two AO employees filed a complaint in the U.S. District Court for the District of Columbia, alleging that the policy violated their First Amendment right to engage in core political speech. Last week, the court agreed, granting summary judgment to the plaintiffs and promising to enter a permanent injunction preventing the AO from applying its policies to most of its employees. The court’s opinion is eye-opening, both for the district judge’s robust defense of First Amendment rights and for the AO’s cowardly view of the judiciary’s place in American society.

Continue reading “The federal courts try to self-censor. A federal judge says no.”

Tweeting judges: a cautionary tale

A little over a year ago, I took a close look at the phenomenon of judges using Twitter. After examining the professional and ethical responsibilities of the judiciary, I concluded that “judges should not be afraid of using Twitter, as long as they employ it appropriately and with discretion.”

That conclusion still holds, and most judges who are regular Twitter users find a way to make it work without compromising their judicial roles.  But Twitter is still a dangerous medium, as Kansas judge Jeffry Jack is learning this week. Judge Jack, currently a Labette County trial judge, has been nominated by Governor Laura Kelly to the state’s Court of Appeals. But his nomination has run into strong opposition from state lawmakers, after they discovered a number of profane and inflammatory tweets from his account, many of which were directed to President Trump and other prominent conservatives.

To be sure, some Republican lawmakers were already predisposed to vote against Jack’s nomination, based on purely partisan factors such as his apparent support for gun control and the Affordable Care Act. But even Democratic legislators were taken aback by the ferocity and crudeness of Jack’s tweets:

Sen. Vic Miller, a Topeka Democrat who attended a Friday news conference where Kelly nominated Jack, said some of the tweets do not demonstrate a proper judicial temperament.

“If these are genuine, I find them to be deeply troubling coming from a sitting judge,” Miller said.

Exactly. Judges, like all people, are entitled to their political views, and there is nothing wrong with holding those views very strongly. But the judiciary depends on its members displaying an even-handed temperament and maintaining a high level of professional behavior even in their personal lives. Judge Jack’s tweets do not display that temperament, and they raise questions not only about his fitness for an appellate court position, but also for maintaining his current trial job.

Yesterday, Governor Kelly withdrew Jack’s nomination. But don’t be surprised if his tweets become an issue if seeks to retain his trial seat when his current term ends in 2020.

This posted was edited on March 20 to correct the spelling of Judge Jack’s name.

Missouri expands media access to courtrooms

The Missouri Supreme Court is allowing expanded access for media tools in its courtrooms, including live Tweeting, electronic note taking, and expanded camera use beyond a single “pool camera.” The updated provisions are the first major change since 1995.

Individual judges will still have the final say over media access in any particular case.

Tweeting Judges, Revisited

Texas Supreme Court Justice Don Willett, who rose to fame in social media circles for his active and vibrant use of Twitter, was deemed “well-qualified” for a seat on the Fifth Circuit Court of Appeals by the American Bar Association earlier this week. Perhaps appropriately, the decision was tweeted out by another prominent member of the state court Twitterati, Georgia Court of Appeals Chief Judge Stephen Dillard.

Justice Willett has more than 100,000 Twitter followers and was a very active tweeter before his federal judicial nomination drove him to stay off the platform, at least temporarily. But he is no longer a rare exception to the rule that active judges stay off of social media. Chief Judge Dillard has more than 11,000 followers, and tweets several times a day, mostly on general legal issues.  He is joined by many other judges around the country with active Twitter accounts.

The legal profession has always been uneasy with judges engaging social media. David Lat took a look at this in 2014, concluding that the judicial use of Twitter to educate the public about the work of the courts was entirely appropriate, and that “judges just need to exercise sound judgment.”

The social media landscape has only grown in the ensuing three years, and the question is worth another look.  Is the judicial use of Twitter humanizing or harmful?

Continue reading “Tweeting Judges, Revisited”

Indiana state courts now open to live tweeting

The Indiana Commission on Judicial Qualifications has issued an advisory opinion stating that live tweeting, microblogging, and other forms of “electronically relaying a written message” do not constitute broadcasting, and therefore do not fall under the general ban on broadcasting courtroom proceedings.  The decision paves the way for journalists of all types to share information on live testimony through Twitter.  Broadcasting video or audio of court proceedings is still prohibited, and trial judges still have discretion to restrict microblogging activity in any given proceeding or trial.

More on the background of the new opinion here.