01A

A. The First Amendment presumption of access

A. The First Amendment presumption of access

Overview

Oklahoma

Even before Richmond Newspapers, the Oklahoma Court of Criminal Appeals had recognized the presumptive openness of judicial proceedings and the functional values served by openness in Lyles v. State, 1958 OK CR 79, 330 P.2d 734 (rejecting claim of appellant that television coverage of trial had denied him a fair trial), and Neal v. State, 86 OK CR 283, 192 P.2d 294 (exclusion of public from trial was prejudicial error). Richmond Newspapers and the Press Enterprise cases have been cited and applied by the Oklahoma courts in a variety of contexts.

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).

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.