01A

A. The First Amendment presumption of access

A. The First Amendment presumption of access

Overview

Pennsylvania

The Pennsylvania Supreme Court has held that both the United States Constitution and the Pennsylvania Constitution grant the public and the press a presumptive right of access to criminal proceedings.  See U.S. Const. Amend. I; Pa. Const. Art. I, §11 (“All courts shall be open.”); Commonwealth v. Berrigan, 509 Pa. 118, 501 A.2d 226, 232 (1985) (“[T]he First Amendment to the Federal Constitution is broad enough to encompass the right of access to criminal trials to the public and media.”); Commonwealth v. Hayes, 489 Pa. 419, 414 A.2d 318, 321 (1980) (“[I]n addition to providing a right to the accused for ‘a speedy public trial,’ Art.

A. The First Amendment presumption of access

Overview

Maryland

The Maryland Court of Appeals has recognized the public’s right of access to criminal trials and criminal pretrial proceedings predicated on the First Amendment and on the state constitutional analogue, Article 40 of the Maryland Declaration of Rights. Buzbee v. Journal Newspapers, Inc., 297 Md. 68, 76, 465 A.2d 426 (1983); see Patuxent Publ’g Corp. v. State, 48 Md. App. 689, 429 A.2d 554 (Ct. Spec. App. 1981) (First Amendment right applies to pretrial “gag order” hearing); see also Hearst Corp. v. State, 60 Md. App. 651, 657, 484 A.2d 292, 295 (Ct. Spec. App. 1984) (right to intervene to oppose closing of court file in criminal case was grounded in the First Amendment). While the Court of Appeals has never considered the question of whether the First Amendment right applies outside the context of criminal court proceedings, Baltimore Sun Co. v. Mayor & City Council of Baltimore, 359 Md.

A. The First Amendment presumption of access

Overview

Kansas

Closure of Kansas court proceedings is allowed “‘only if (i) the dissemination of information from the pretrial proceeding and its record would create a clear and present danger to the fairness of the trial, and (ii) the prejudicial effect of such information on trial fairness cannot be avoided by any reasonable alternative means.”’  Kansas City Star Co. v. Fossey, 630 P.2d 1176, 1182 (Kan. 1981), quoting Fair Trial and Free Press: Standard 8-3.2 of the American Bar Association's Standing Committee on Association Standards for Criminal Justice (August, 1978).

The state supreme court said:

A. The First Amendment presumption of access

Overview

Maine

The Maine Supreme Judicial Court observed in dicta that the Supreme Court has recognized that “members of the public have a First Amendment right to access certain criminal proceedings.” In re. Bailey M., 2002 ME 12, ¶ 11, 788 A.2d 590.

A. The First Amendment presumption of access

Overview

1st Cir.

The First Circuit follows the Supreme Court’s decision Richmond Newspapers, Inc. and presumes a qualified First Amendment right of access to certain judicial proceedings and documents. See e.g., In re Boston Herald, Inc., 321 F.3d 174, 182 (1st Cir. 2003).