01A

A. The First Amendment presumption of access

A. The First Amendment presumption of access

Overview

Minnesota

The Minnesota Supreme Court has recognized a First Amendment right of press and public access to criminal court proceedings. Minneapolis Star & Tribune Co. v. Kammeyer, 341 N.W.2d 550, 554–55 (Minn. 1983) (acknowledging that based on Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555 (1980), the press and the public have access to criminal trials); see also Austin Daily Herald v. Mork, 507 N.W.2d 854, 856 (Minn. Ct. App. 1993) (“There is a constitutional presumption of access to criminal trials.”).

A. The First Amendment presumption of access

Overview

Missouri

See also State ex rel. Pulitzer, Inc. v. Autrey, 19 S.W.3d 710, 712 (Mo. App. 2000) (“The Supreme Court of the United States has held that the press and general public have a First Amendment right of access to criminal trials. The Supreme Court has extended that right of public access to encompass pretrial proceedings, including change of venue hearings.”) (citations omitted).

A. The First Amendment presumption of access

Overview

5th Cir.

The 5th Circuit has affirmed that there is a constitutionally-embedded presumption of openness in judicial proceedings. Doe v. Jackson National Life Insurance Co., 944 F. Supp. 488 (S.D. Miss. 1995), aff’d sub nom. Deramus v. Jackson National Life Insurance Co., 92 F.3d 274 (5th Cir. 1996). Therefore the news media is entitled to observe, investigate, and report on all public proceedings involved in a trial. U.S. v. Chagra, 701 F.2d 354, 361 (5th Cir. 1983);see also U.S. v. Edwards, 785 F.2d 1293, 1294 (5th Cir. 1997).

A. The First Amendment presumption of access

Overview

Florida

The Florida Supreme Court has, of course, acknowledged that the Richmond Newspapers decision established a First Amendment right to attend criminal trials. Most Florida decisions discussing access to judicial proceedings, however, are grounded in Florida’s strong common law rights of access to all stages of criminal and civil proceedings and that common law right is discussed in greater detail below.