The people watching a court case from the back of the room are called spectators or observers, and the area they sit in is the gallery. So the audience in a courtroom is called the gallery, as a group and as a place. A low railing separates that public seating from the working part of the courtroom, and that railing has its own name too: the bar.
The Gallery and the Bar
Courtrooms share roughly the same layout wherever you go. The gallery is the bench-style public seating at the back, open to anyone who wants to watch.1United States Department of Justice. Courtroom Image Gallery A wooden or metal railing divides it from the space where the judge, attorneys, parties, and witnesses operate. That railing is the bar.
The feature is old. In medieval Europe, courts sometimes met in churches, taverns, or outdoors, and a wooden barrier marked off the area being used for legal business. When purpose-built courthouses appeared in England, architects kept the bar as a permanent fixture, and the design carried over into American courtrooms.
The bar is also where the legal profession gets its name. “Passing the bar” originally meant physically crossing that railing to practice law inside the working area of the courtroom. Attorneys, parties, witnesses, and court staff cross it during proceedings. Everyone else stays in the gallery.
Why the Public Can Sit There at All
Court proceedings in the United States are presumptively open, which is why the gallery exists in the first place. The principle traces to English common law, and the Supreme Court confirmed in Richmond Newspapers, Inc. v. Virginia (1980) that the right to attend criminal trials is protected by the First Amendment. The Court wrote that “without the freedom to attend such trials, which people have exercised for centuries, important aspects of freedom of speech and of the press could be eviscerated.”2Library of Congress. Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555 The Sixth Amendment separately gives the accused the right to a public trial in criminal cases.3Legal Information Institute. U.S. Constitution Amendment VI
Federal appellate courts have extended that First Amendment right to civil proceedings as well, though the Supreme Court has not ruled on the question directly. In practice, nearly any trial or hearing you want to watch is open to the public on a first-come, first-served basis.4United States Courts. Federal Court: Media Basics – Journalist’s Guide
When Courtrooms Are Closed
Openness has limits. A judge can close proceedings or seal records when a competing interest outweighs public access. Juvenile delinquency cases have traditionally been kept private to protect minors from the stigma of criminal proceedings, a practice dating to the first juvenile court in 1899.5Office of Juvenile Justice and Delinquency Prevention. Juvenile Justice Reform Initiatives in the States – Juvenile Proceedings and Records Courts also restrict access in matters involving classified national security information, certain sensitive family issues, and trade secrets. Any closure requires the judge to put specific findings on the record explaining why it’s necessary.
What You Can and Can’t Do in the Gallery
Sitting in the gallery is free, but it comes with rules the judge has broad power to enforce. The basics are consistent across jurisdictions:
- Stay quiet. No talking, whispering, or audible reactions to testimony or rulings while court is in session.
- No food, drinks, or gum in the courtroom.
- Silence your phone. Policies on whether you can even bring one into the courthouse vary widely, with some courts banning personal devices past security entirely and others allowing them as long as they stay silent.6United States Courts. Portable Communication Devices in Courthouses
- No recording. Photographs, video, and audio are generally forbidden in federal courtrooms unless a judge specifically authorizes them. Federal Rule of Criminal Procedure 53 prohibits broadcasting criminal proceedings from the courtroom.7United States Courts. Remote Public Access to Proceedings
- Dress respectfully. Most courts expect business-casual attire at a minimum, and hats come off before you enter.
These aren’t suggestions. A judge who finds that a spectator’s behavior obstructs the proceedings can hold that person in contempt. Federal courts have statutory authority to punish courtroom misbehavior by fine, imprisonment, or both.8Office of the Law Revision Counsel. 18 U.S. Code 401 – Power of Court State courts have their own contempt statutes with varying penalties. The principle is the same everywhere: the judge controls the courtroom, and disruptive spectators can be removed, fined, or jailed.
Getting Through the Door
You can’t just walk in and sit down. Federal courthouses require visitors to pass through airport-style security, including a metal detector and a bag inspection. Most ask for government-issued photo identification, though federal courthouses are exempt from the REAL ID Act specifically to protect the constitutional right of public access.
What you can carry in depends on the court. The federal judiciary has acknowledged that districts take very different approaches to personal electronics: some ban them outright for the general public, some allow them with restrictions, and some permit them freely as long as they stay silent in the courtroom.6United States Courts. Portable Communication Devices in Courthouses Weapons, knives, and lighters are universally prohibited. If you’re attending a specific hearing, call the clerk’s office or check the court’s website ahead of time so you aren’t stuck leaving your phone in your car.