ICAP represented Michael Wittman as part of his criminal case, assisting him in raising a defense based on a constitutional challenge to the statute under which he was charged. Mr. Wittman was charged with a misdemeanor under a law enacted in 2018 that prohibits the use of any device to capture photographs, video, or audio within a “judicial facility” or its immediate surroundings without prior court approval. The charges arose after Mr. Wittman used his cell phone to take photographs during a break in proceedings at a magisterial district court.
ICAP filed a Motion to Quash the Information against Mr. Wittman, arguing that the statute is an unconstitutional “prior restraint” on expressive activity. The challenge asserted that the law is impermissibly overbroad because it criminalizes documentation of public activity in public spaces, including sidewalks and areas adjacent to courthouses, without requiring any showing of actual harm or disruption.
