§21.4 Access to Federal Courts

• Jurisdiction: Washington

§21.4 ACCESS TO FEDERAL COURTS

The U.S. Supreme Court has consistently held that the public and press have a constitutional right to open court proceedings under the First and Fourteenth Amendments.

In Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 564, 100 S. Ct. 2814, 65 L. Ed. 2d 973 (1980), the Court recognized that criminal trials are presumptively open to the press and the public unless an "overriding" showing is made that "closure is required to protect the defendant's superior right to a fair trial." In Globe Newspaper Co. v. Superior Court, 457 U.S. 596, 603-07, 102 S. Ct. 2613, 73 L. Ed. 2d 248 (1982), the Court reaffirmed Richmond Newspapers, holding that "the press and general public have a constitutional right of access to criminal trials" and that this right may be denied only when it is shown that closure "is necessitated by a compelling governmental interest and is narrowly tailored to serve that interest."

In Press-Enterprise Co. v. Superior Court (Press-Enterprise I), 464 U.S. 501, 501-02, 104...