Combined Commc'ns Corp., D/B/A Kbtv Broad., Inc. v. Honorable Sherman G. Finesilver, United States Dist. Judge, 672 F.2d 818 (10th Cir. 1982). · Go Syfert
Combined Commc'ns Corp., D/B/A Kbtv Broad., Inc. v. Honorable Sherman G. Finesilver, United States Dist. Judge, 672 F.2d 818 (10th Cir. 1982). Cases Citing This Book View Copy Cite
30 citation events (9 in the last 25 years) across 12 distinct courts.
Strongest positive: West-Helmle v. Denver District Attorney's Office (ca10, 2025-08-12)
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982 2004 2026
Top citers, strongest first. 12 distinct citers. How cited ↗
discussed Cited as authority (rule) West-Helmle v. Denver District Attorney's Office
10th Cir. · 2025 · confidence medium
See Sheppard v. Maxwell, 384 U.S. 333, 358 (1966) (“[T]he courtroom and courthouse premises are subject to the control of the court.”); Combined Commc’ns Corp. v. Finesilver, 672 F.2d 818, 821 (10th Cir. 1982) (recognizing that judges may restrict access to courtrooms).
discussed Cited as authority (rule) Merry Reed v. Kevin Devlin (2×) also: Cited "see"
3rd Cir. · 2020 · confidence medium
In fact, in Whiteland Woods, we approvingly cited Combined Communications Corp. v. Finesilver, 672 F.2d 818, 821 (10th Cir. 1982)8 and Garrett v. Estelle, 556 F.2d 1274, 1279 (5th Cir. 1977)9 because in those matters, “members of the press were 8 In Finesilver, the Court of Appeals for the Tenth Circuit denied a petition for a writ of mandamus that sought to require a district court to allow television coverage of settlement negotiations taking place at a federal courthouse.
cited Cited as authority (rule) Sioux Falls Argus Leader v. Miller
S.D. · 2000 · confidence medium
Co. v. Thomas, 254 F.2d 883 , 884 (3d Cir.1958); Seymour v. United States, 373 F.2d 629, 631-32 (5th Cir. 1967); Combined Comm. Corp. v. Finesilver, 672 F.2d 818, 821 (10th Cir.1982); Mazzettiv.
discussed Cited as authority (rule) Associated Press v. Bost
Miss. · 1995 · confidence medium
See also Petition of Post-Newsweek Stations, 370 So.2d 764, 774 (Fla. 1979); Combined Communications Corp. v. Finesilver, 672 F.2d 818, 821 (10th Cir.1982); and US. v. Hastings, 695 F.2d 1278 (11th Cir.1983).
discussed Cited as authority (rule) Society of Professional Journalists, a Utah Non-Profit Corporation v. The Secretary of Labor, Emery Mining Corporation, a Utah Corporation v. The United States Secretary of Labor (2×) also: Cited "see"
10th Cir. · 1987 · confidence medium
Accordingly, the controversy between the Society and the Secretary, which was a live controversy when the preliminary injunction entered, had become moot by the time the district court entered its Memorandum Decision and Order on August 21, 1985, and its formal judgment on March 14, 1986. 24 The appeal is dismissed and the cause is remanded with directions that the district court vacate its judgment and withdraw its Memorandum Decision and Order. 25 SEYMOUR, Circuit Judge, concurring. 26 Under the distinct two-part test announced in Weinstein v. Bradford, 423 U.S. 147, 149 , 96 S.Ct. 347, 348 …
discussed Cited as authority (rule) Society of Professional Journalists v. Secretary of Labor (2×) also: Cited "see"
10th Cir. · 1987 · confidence medium
Under the distinct two-part test announced in Weinstein v. Bradford, 423 U.S. 147, 149 , 96 S.Ct. 347, 348 , 46 L.Ed.2d 350 (1975), and applied by this circuit in Combined Communications Corp. v. Finesilver, 672 F.2d 818, 820-21 (10th Cir.1982), a case is not moot where: “(1) the challenged action was in its duration too short to be fully litigated prior to its cessation or expiration, and (2) there was a reasonable expectation that the same complaining party would be subjected to the same action again.” 423 U.S. at 149 , 96 S.Ct. at 349 (emphasis added).
cited Cited as authority (rule) State Ex Rel. Bingaman v. Brennan
N.M. · 1982 · confidence medium
Branzburg v. Hayes, 408 U.S. 665 , 92 S.Ct. 2646 , 33 L.Ed.2d 626 (1972); Combined Communications Corp. v. Finesilver, 672 F.2d 818, 821 (10th Cir. 1982).
discussed Cited "see" Whiteland Woods, L.P. v. Township of West Whiteland
3rd Cir. · 1999 · signal: see · confidence high
See Combined Communications Corp. v. Finesilver, 672 F.2d 818, 821 (10th Cir.1982) (upholding ban on television coverage of court-ordered negotiations over electoral redistricting where members of the press were permitted to attend the meetings and take notes); Garrett v. Estelle, 556 F.2d 1274, 1279 (5th Cir.1977) (upholding prison’s prohibition on filming execution because there were other methods of informing the public of the execution); Johnson v. Adams, 629 F.Supp. 1563, 1564-65 (E.D.Tex.1986) (holding county commissioners may ban video recording of meetings where audiotaping was permi…
discussed Cited "see" Whiteland Woods, L.P. v. Township of West Whiteland West Whiteland Board of Supervisors West Whiteland Planning Commission Diane S. Snyder Jerry Poletto Jack C. Newell Kathi Holahan Nancy Carville Carl Dusinberre v. John D. Snyder
3rd Cir. · 1999 · signal: see · confidence high
See Combined Communications Corp. v. Finesilver, 672 F.2d 818, 821 (10th Cir. 1982) (upholding ban on television coverage of court-ordered negotiations over electoral redistricting where members of the press were permitted to attend the meetings and take notes); Garrette v. Estelle, 556 F.2d 1274, 1279 (5th Cir. 1977) (upholding prison's prohibition on filming execution because there were other methods of informing the public of the execution); Johnson v. Adams, 629 F. Supp. 1563, 1564-65 (E.D.
discussed Cited "see" Butte-Silver Bow Local Government v. Olsen (2×)
Mont. · 1987 · signal: see · confidence high
See Combined Communications Corp. v. Finesilver (10th Cir. 1982), 672 F.2d 818, 821 .
discussed Cited "see, e.g." Hils v. Davis
S.D. Ohio · 2022 · signal: see also · confidence medium
Ohio Mar. 10, 2017) (quoting Whiteland, 193 F.3d at 183 ); see also Combined Communications Corp. v. Finesilver, 672 F.2d 818, 821 (10th Cir. 1982) (upholding ban on the use of television cameras during court-ordered redistricting negotiations where the press was free to attend, take notes, and disseminate any information obtained).
discussed Cited "see, e.g." KFMB-TV CHANNEL 8 v. Municipal Court
Cal. Ct. App. · 1990 · signal: see also · confidence low
This modification allowed for coverage by electronic media pursuant to local court rule under the supervision of the trial judge so long as it could be carried out “unobtrusively and without affecting the conduct of the trial.” ( 449 U.S. at p. 564 [ 66 L.Ed.2d at p. 745 ].) Relying on Chandler and Nixon, Westmoreland v. Columbia Broadcasting System, Inc. (2d Cir. 1984) 752 F.2d 16 stated: “[U]ntil the First Amendment expands to include television access to the courtroom as a protected interest, television coverage . . . is a right created by consent of the judiciary, which always had co…
Retrieving the full opinion text from the archive…
COMBINED COMMUNICATIONS CORPORATION, D/B/A KBTV Broadcasting, Inc., Petitioner,
v.
Honorable Sherman G. FINESILVER, United States District Judge, Respondent
81-2279.
Court of Appeals for the Tenth Circuit.
Mar 17, 1982.
672 F.2d 818
Richard P. Holme, Denver, Colo. (Andrew M. Low, Denver, Colo., with him on the brief), Davis, Graham & Stubbs, Denver, Colo., for petitioner., William C. McClearn, Denver, Colo. (Peter C. Houtsma and Maureen E. Reidy, Denver, Colo., with him on the brief), Holland & Hart, Denver, Colo., for respondent.
Doyle, Breitenstein, Seymour.
Cited by 18 opinions  |  Published
SEYMOUR, Circuit Judge.

Petitioner Combined Communications Corporation, d/b/a KBTV Broadcasting, Inc. (KBTV), seeks a writ of mandamus requiring a district judge to allow television broadcast coverage of negotiations undertaken in a Federal courthouse to settle a lawsuit. We deny the petition.

[*820] I.

Factual Background

As a result of the 1980 census, the number of members the State of Colorado may elect to the United States House of Representatives increased from five to six. Three redistricting plans formulated by the Colorado General Assembly to create six Congressional districts were vetoed by Governor Richard Lamm. Thereafter, five registered voters brought suit against the governor and other state officials requesting that a three-judge court be appointed to formulate its own redistricting plan in time for the 1982 Congressional election.

The case was assigned to respondent Judge Finesilver who ordered the governor and members of the legislature to attempt to work out a compromise plan. Pursuant to that order, the negotiators were directed to report their progress to the court at 7:30 a.m. on November 6, 1981, and “[i]n the event no compromise is forthcoming, the parties are to be prepared to spend the entire day, if necessary, in meetings in a designated room of the United States Courthouse to continue discussions on this matter.” Oct. 29, 1981 Order at 2. When the negotiators reported the lack of progress at the appointed time, they were directed to a jury room and ordered to continue their efforts. Later in the day, negotiations continued in a magistrate’s courtroom. The negotiations were unsuccessful, no other meetings were held, and the matter went to trial December 3, 1981.

The trial court permitted the press to be present during the negotiations held in the courthouse. However, it denied KBTV’s request that television cameras be allowed in the meeting rooms, citing a court rule prohibiting such cameras in the courthouse. [1] This denial is the subject of KBTV’s mandamus action. KBTV contends that the district court’s ruling violated KBTV’s First Amendment right of access to news of the operation and activities of government and the Colorado Open Meetings Law, Colo.Rev. Stat. § 24-6-401 et seq. On the other hand, respondent argues that KBTV lacks standing, that the issue is moot, and that the ruling did not violate either the First Amendment or the Colorado statute.

II.

Jurisdictional Issues

In order to have standing, KBTV must allegedly be injured in fact with respect to an interest within the zone of protection of the Constitution or a statute. Association of Data Processing Service Organizations, Inc. v. Camp, 397 U.S. 150, 152-54, 90 S.Ct. 827, 829-830, 25 L.Ed.2d 184 (1970). KBTV has arguably suffered an injury regarding its ability to report the news that is within the protection of the First Amendment. See Cable News Network, Inc. v. American Broadcasting Co., 518 F.Supp. 1238, 1244-45 (N.D.Ga.1981). Accordingly, KBTV’s standing to assert its claims is established. See United States v. Gurney, 558 F.2d 1202, 1206 (5th Cir. 1977), cert. denied, 435 U.S. 968, 98 S.Ct. 1606, 56 L.Ed.2d 59 (1978).

Whether KBTV’s claims are moot is a closer question. An issue will not be considered moot although the controversy generating it has dissolved if two conditions are present: “(1) the challenged action was in its duration too short to be fully litigated prior to its cessation or expiration, and (2) there was a reasonable expectation that the same complaining party would be subjected to the same action again.” Weinstein v. Bradford, 423 U.S. 147, 149, 96 S.Ct. 347, 348, 46 L.Ed.2d 350 (1975); Napier v. Gertrude, 542 F.2d 825, 826 (10th Cir. 1976), cert. denied, 429 U.S. 1049, 97 S.Ct. 759, 50 L.Ed.2d 765 (1977).

Respondent concedes that the first requirement is present. However, he ar[*821] gues that the circumstances giving rise to this case are so unique that no reasonable expectation of repetition exists. Respondent’s burden on this issue is a heavy one. United States v. W. T. Grant & Co., 345 U.S. 629, 633, 73 S.Ct. 894, 897, 97 L.Ed. 1303 (1953). KBTV contends that statutorily open meetings may well be held again in the federal courthouse and its television cameras subsequently barred under the court’s ruling. This possibility is not so remote and speculative that the controversy must be considered moot. See, e.g., Gannett Co. v. De Pasquale, 443 U.S. 368, 377-78, 99 S.Ct. 2898, 2904, 61 L.Ed.2d 608 (1979).

III.

The Merits

KBTV contends that the court’s ruling violated both its First Amendment right to gather news and the Colorado Ojien Meetings Law. The interrelation of the media, the First Amendment, and the courts’ duty to provide a suitable environment for judicial proceedings has generated considerable controversy. Although many issues remain unsettled, some jirincijiles have emerged. The First Amendment does not guarantee the media a constitutional right to televise inside a courthouse. See Gannett Co. v. De Pasquale, 443 U.S. at 381, 99 S.Ct. at 2906; Estes v. Texas, 381 U.S. 532, 539-40, 85 S.Ct. 1628, 1631, 14 L.Ed.2d 543 (1965). Within the courthouse, “ ‘a reporter’s constitutional rights are no greater than those of any other member of the public.’ ” Nixon v. Warner Communications, Inc., 435 U.S. 589, 609, 98 S.Ct. 1306, 1317, 55 L.Ed.2d 570 (1978) (quoting Estes, 381 U.S. at 589, 85 S.Ct. at 1663 (Harlan, J., concurring)). “[T]he courtroom and courthouse premises are subject to the control of the court.” Sheppard v. Maxwell, 384 U.S. 333, 358, 86 S.Ct. 1507, 1519, 16 L.Ed.2d 600 (1966), and courts may impose restrictions upon media access to courtrooms and courthouse premises when necessary to protect and facilitate the proper administration of the judicial system. See Mazzetti v. United States, 518 F.2d 781, 782-83 (10th Cir. 1975).

In the case before us, respondent refused to allow television cameras into the meetings because of Local Rule 16, supra note 1. We need not consider whether aj>plication of this rule under different circumstances could infringe upon media First Amendment rights. See Mazzetti, 518 F.2d at 783. We conclude that it did not do so in this case.

KBTV was not denied access to the meetings. Its representative was free to attend, take notes, and disseminate any information obtained. The room in which the morning meeting was held was small and sj>ace was limited. Jury trials were taking j)lace elsewhere in the courthouse. Under these circumstances, the potential for disruj)tion of the meeting and other judicial j>roceedings outweighed any benefit to KBTV and the j)ublic from a visual presentation of the meeting room.

KBTV understandably relies on Cable News Network v. American Broadcasting, 518 F.Supp. 1238, 1245-46 (N.D.Ga.1981), in which the court held that total denial of television coverage of press conferences in the White House violated the First Amendment interests of the public and the press notwithstanding that reporters were j>ermitted to attend. However, the Supreme Court has clearly rejected this jjosition in the context of the courthouse. See Nixon, 435 U.S. at 609-10, 98 S.Ct. at 1317-1318; Estes, 381 U.S. at 539-42, 85 S.Ct. at 1631-1632.

That the meetings were arguably subject to the Colorado Oj>en Meetings Law is irrelevant to our determination. The meetings were conducted in the courthouse pursuant to a court order in an attemj>t to effect the settlement of a matter in litigation in federal court. The meetings were thus under the control of the judge and were subject to restrictions necessary to ensure that the work of the court was not disturbed. In any event, the sj)irit of the oj>en meeting law was not violated because rej>orters from the media were j)ermitted to attend.

Petitioner has failed to establish a right to the writ of mandamus. The jjetition is denied.

1

. Rule 16 of the Local Rules of Practice for the Colorado District Courts provides in pertinent part:

“[T]he use or operation of any camera, recording device, or other mechanical means for the visual reproduction of the likeness of an individual or object, or for the auditory reproduction of a voice or sound, is prohibited in the United States Courthouse, Denver, Colorado.”