Parties: Globe Newspaper Co. v. Superior Court
Date: 1982-06-23
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Paragraph: 11 - See also id., at 575, 100 S.Ct., at 2826 (plurality opinion) (the "expressly guaranteed freedoms" of the First Amendment "share a common core purpose of assuring freedom of communication on matters relating to the functioning of government"). Thus to the extent that the First Amendment embraces a right of access to criminal trials, it is to ensure that this constitutionally protected "discussion of governmental affairs" is an informed one.
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Paragraph: 10 - The Court's recent decision in Richmond Newspapers firmly established for the first time that the press and general public have a constitutional right of access to criminal trials. Although there was no opinion of the Court in that case, seven Justices recognized that this right of access is embodied in the First Amendment, and applied to the States through the Fourteenth Amendment.
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Paragraph: 11 - Underlying the First Amendment right of access to criminal trials is the common understanding that N173* a major purpose of that Amendment was to protect the free discussion of governmental affairs,"Mills v. Alabama,
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Paragraph: 12 - Two features of the criminal justice system, emphasized in the various opinions in Richmond Newspapers, together serve to explain why a right of access to criminal trials in particular is properly afforded protection by the First Amendment. First, the criminal trial historically has been open to the press and general public. N174* "[A]t the time when our organic laws were adopted, criminal trials both here and in England had long been presumptively open."
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Paragraph: 17 - The State's argument based on this interest therefore proves too much, and runs contrary to the very foundation of the right of access recognized in Richmond Newspapers: namely,N175* "that a presumption of openness inheres in the very nature of a criminal trial under our system of justice."
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Paragraph: 29 - N176* The Court does not assert that the First Amendment right it discerns from Richmond Newspapers is absolute; instead, it holds that when a N177* "State attempts to deny the right of access in order to inhibit the disclosure of sensitive information, it must be shown that the denial is necessitated by a compelling governmental interest, and is narrowly tailored to serve that interest."
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Paragraph: 42 - For the right of access is plainly not coextensive with the right of expression that was vindicated in Nebraska Press Assn., supra. Because statutes that bear on this right of access do not deter protected activity in the way that other laws sometimes interfere with the right of expression, we should follow the norm of reviewing these statutes as applied
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