Sentencing hearings

A federal judge in New York recently halted enforcement of a controversial section of an anti-terrorism bill that the court found harms First Amendment rights. Plaintiffs to the case included noted activists, journalists and a member of Icelandic parliament who argued the law had a chilling effect.

The U.S. Court of Appeals in New Orleans (5th Cir.) ruled on Tuesday that the public and press have a presumptive constitutional right to attend the sentencing of a criminal defendant. The opinion, in Hearst Newspapers, LLC, aligns the Fifth Circuit with several other federal appellate courts that have reached a similar conclusion, and further establishes that a sentencing court must provide the public with notice and an opportunity to be heard before closing a sentencing proceeding.

The U.S. Court of Appeals in New Orleans (5th Cir.) heard arguments Monday in an appeal brought by Hearst Newspapers LLC challenging the propriety of closing a criminal sentencing hearing without prior notice to the public.