Parties: Gannett Co. v. DePasquale
Date: 1979-07-02
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Paragraph: 65 - If the constitutional right of the press and public to access is to have substance, representatives of these groups must be given an opportunity to be heard on the question of their exclusion. But this opportunity extends no farther than the persons actually present at the time the motion for closure is made, for the alternative would require substantial delays in trial and pretrial proceedings while notice was given to the public.
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Phrase match: constitutional right of the press and
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Paragraph: 41 - Thus, the trial court found that the representatives of the press did have a right of access of constitutional dimension, but held, under the circumstances of this case, that this right was outweighed by the defendants' right to a fair trial. In short, the closure decision was based "on an assessment of the competing societal interests involved . . . rather than on any determination that First Amendment freedoms were not implicated."
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Phrase match: a right of access of constitutional
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Paragraph: 112 - Early colonial charters reflected the view that open proceedings were an essential quality of a court of justice, and they cast the concept of a public trial in terms of a characteristic of the system of justice, rather than of a right of the accused. Indeed, the first public-trial provision to appear in America spoke in terms of the right of the public, not the accused, to attend trials
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Phrase match: a right of the accused. Indeed
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Paragraph: 157 - Petitioner, as a newspaper publisher, enjoys the same right of access to the Jackson v. Denno hearing at issue in this case as does the general public. And what petitioner sees and hears in the courtroom it may, like any other citizen, publish or report consistent with the First Amendment. N154* "Of course, there is nothing that proscribes the press from reporting events that transpire in the courtroom." Sheppard v. Maxwell, 384 U.S., at 362-363, 86 S.Ct., at 1522. Reporters for newspaper, television, and radio N155* "are entitled to the same rights as the general public" to have access to the courtroom, Estes v. Texas, 381 U.S., at 540, 85 S.Ct., at 1631, where they "are always present if they wish to be and are plainly free to report whatever occurs in open court through their respective media." Id., at 541-542, 85 S.Ct., at 1632. N156* "[O]nce a public hearing ha[s] been held, what transpired there could not be subject to prior restraint."
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Phrase match: same right of access to the
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Paragraph: 25 - N314* Similarly, in Estes v. Texas, supra, the Court held that a defendant was deprived of his right to due process of law under the Fourteenth Amendment by the televising and broadcasting of his trial. In rejecting the claim that the media representatives had a constitutional right to televise the trial, the Court stated that N315* the purpose of the requirement of a public trial was to guarantee that the accused would be fairly dealt with and not unjustly condemned."
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Phrase match: his right to due process of
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