A. Media standing to challenge closure

Overview

The Supreme Court noted that the public and the press have a right to challenge closure of court records and proceedings, holding that “representatives of the press and general public ‘must be given an opportunity to be heard on the question of their exclusion.’” Globe Newspaper Co. v. Superior Court, 457 U.S. 596, 609 n. 25 (quoting Gannett Co. v. DePasquale, 443 U.S. 368, 401 (1979) (Powell, J., concurring)). Other courts agree, with the Ninth Circuit finding that “those excluded from the proceeding must be afforded a reasonable opportunity to state their objections.” U.S. v. Brooklier, 685 F.2d 1162, 1167‑68 (9th Cir. 1982). Likewise, the Second Circuit in In re Application of Dow Jones & Co., 842 F.2d 603, 608 (2nd Cir. 1988) found that “news agencies have standing as recipients of speech” to challenge gag orders. Many court rules specify the procedures by which a member of the press can object to closures or move to unseal documents.

6th Cir.