In a 5–4 decision, the majority of the Supreme Court validated the reasonableness of the concern that televising the trial could lead to the intimidation of witnesses. Moreover, they note, there is no counterbalancing need to televise the trial:
The balance of equities favors applicants. While applicants have demonstrated the threat of harm they face if the trial is broadcast, respondents have not alleged any harm if the trial is not broadcast.
Some gay-rights advocates have written to me to speak of the far greater threats to gay people from violence. To me, it’s not a contest. The threats to gay people from publicity is an additional reason why televising the trial is a bad idea: Both gay people and marriage supporters could be hurt.






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