Brief Fact Summary. The Appellant, Richmond Newspapers (Appellant), moves to have a judicial order for closure of a criminal trial to the press and the public overturned as a violation of the First Amendment of the United States Constitution (Constitution).
Synopsis of Rule of Law. The First Amendment of the Constitution guarantees both the public and the press a right to attend criminal trials. However, this right is not absolute and may be outweighed where the judge finds an overriding interest that cannot be accommodated by less restrictive means.
The question in a particular case is whether that control is exerted so as not to deny or unwarrantedly abridge the opportunities for the communication of thought and the discussion of public questions immemorially associated with resort to public places.
View Full Point of LawIssue. Whether an order excluding public and press from a criminal trial violated their rights under the First Amendment of the Constitution?
Held. Reversed. The right of the public and press to attend criminal trials is guaranteed under the First Amendment of the Constitution. This right is not absolute and the trial judge can order the trial closed to the public and press by finding an overriding interest that cannot be overcome by less restrictive means. In this case the judge failed to show an overriding interest for excluding the public and press, thus, the decision to close the courtroom was reversed.
Dissent. The Constitution does not require that a State’s reasons for denying public access to a trial, where both the prosecuting attorney and the defendant have consented to an order of closure approved by the judge, are subject to any additional constitutional review.
Concurrence. The First Amendment of the Constitution gives a right to member of the public and representatives of the press to attend civil and criminal trial, but this right is not absolute. Just as a legislature may impose reasonable time, place and manner restrictions upon the First Amendment freedoms, so may a trial judge impose reasonable limitations upon the unrestricted occupations of a courtroom.
Discussion. The First Amendment of the Constitution guarantees both the public and the press a right to attend criminal trials. However, this right is not absolute and may be outweighed where the judge finds an overriding interest that cannot be accommodated by less restrictive means.