1. Closed Proceedings and Sealed Documents
Press-Enterprise v. Riverside Superior Court (1980)
U.S. Supreme Court ruled there was a right under both common law and the U.S. Constitutional for the public and the press to attend a criminal trial

2. Pre-Press Enterprise Test
Must determine if the hearing is normally an open one
Whether this kind of hearing (or doc.) has traditionally and historically been open to the press and public
Whether public and press access to this hearing will play a positive role in the functioning of the judicial process

3. Closed Proceedings and Sealed Documents
Press-Enterprise Test
The party seeking closure must advance an overriding interest that is likely to be harmed if the proceeding or document is open
Whoever seeks the closure must demonstrate that there is a “substantial probability” that this interest will be harmed if the proceeding or document remains open

4. Closed Proceedings and Sealed Documents
Press-Enterprise Test
The trial court must consider reasonable alternatives to closure
If the judge decides that closure is the only reasonable solution, the closure must be narrowly tailored so there is an absolute minimum of interference with the rights of the press and public to attend the hearing or see the document

5. Closed Proceedings and Sealed Documents
Press-Enterprise Test
The trial court must make adequate findings to support the closure decision

6. Closed Proceedings and Sealed Documents
Tips For Reporters When a Judicial Hearing is Closed
Call the editor immediately to get a lawyer on the job
Make a formal objection to the closure
Ask the judge to delay the closure until the lawyer arrives

7. Presumptively Open Documents and Hearings
The right of access to pretrial proceedings and documents is qualified

8. Presumptively Open Documents and Hearings
The presumption that hearings are open can only be overcome by showing:
There is an overriding interest that must be protected
There is a “substantial probability that an open hearing will damage this right

9. Presumptively Open Documents and Hearings
The presumption that hearings are open can only be overcome by showing:
The closure is narrowly tailored
The closure of the hearing would in fact protect the interest that has been raised
The trial judge has articulated findings that support these four points

10. Access and Broadcast Journalists
Access to audio- or videotaped evidence is still developing in the courts
Courts have granted journalists increasing rights to make copies of evidence for later broadcast

11. Recording and Televising Judicial Proceedings
Cameras and recording devices are now permitted in all but two states and the District of Columbia
The U.S. Supreme Court ruled in Chandler v. Florida (1981) that the mere presence of cameras in the courtroom does not prejudice a defendant’s right to a fair trial

12. Recording and Televising Judicial Proceedings
Federal courts refuse to permit cameras in the courtroom
Cameras are also barred from executions and jury deliberations in most states

13. Bench-Bar-Press Guidelines
Tell law enforcement officers what kind of information about a criminal suspect and a crime can be released and published with little danger of harm to the trial process

14. Bench-Bar-Press Guidelines
Inform journalists that publication of certain kinds of information about a case can be harmful to the trial process