Press-Enterprise Co. v. Superior Court of Cal., County of Riverside (1985)
- Docket
- 84-1560
- Decided
- 1985-01-01
Summary
Question: (1) Does the public’s constitutional right to access criminal proceedings extend to pre trial proceedings? (2) Does the standard for closed preliminary hearings under the California Penal Code violate the constitutional rights of the public? Conclusion: Yes, Yes. Chief Justice Warren E. Burger, writing for a 7-2 majority, reversed the California court. The Supreme Court held that the First Amendment right of public access applies to preliminary hearings. Closed preliminary hearings are only permissible when specific findings on the record show that closure is essential. The California court should have asked whether there was a substantial probability that the accused’s right to a fair trial would be prejudiced, and whether any reasonable alternatives to closure could protect that right. Justice John Paul Stevens dissented, arguing that the right to fair trial in this case was more significant than Press-Enterprise’s interest in getting the transcript. The framers did not intend for preliminary hearings to remain open. Justice William H. Rehnquist joined in the dissent.