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E. Appellate proceedings


  • 4th Circuit

    The public’s First Amendment right of access extends to appellate proceedings, although the presumption of access can be overcome by a compelling governmental interest. See United States v. Moussaoui, 65 F. App’x 881 (4th Cir. 2003).

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  • Idaho

    There are no Idaho cases on point.  Generally, appellate proceedings—both civil and criminal—are open to the public.

    Idaho Court Administrative Rules 46a and 46b set forth the requirements for media representatives covering appellate proceedings before either the Idaho Supreme Court or the Idaho Court of Appeals.  In general, the media’s coverage must “not interfere with the dignity of the proceedings, or to distract counsel or the Court.”  I.C.A.R. 46a(1) (appellate proceedings in Boise).  See also I.C.A.R. 46b(2) (media representatives must “remain in the area reserved for the general public” and cannot “excessively move around the courtroom, or assume body positions inappropriate to a courtroom proceeding or otherwise distract from the appellate proceedings”) (appellate proceedings outside Boise).

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  • Pennsylvania

    No Pennsylvania decisions have addressed this issue, but it is well-established that the public and press have a constitutional right to appellate court proceedings. See, e.g., United States v. Moussaoui, 65 F. App’x 881, 890 (4th Cir. 2003) (“[t]here can be no question that the First Amendment guarantees a right of access by the public to oral arguments in the appellate proceedings . . . . Such hearings have historically been open to the public, and the very considerations that counsel in favor of openness of . . . trial support a similar degree of openness in appellate proceedings.”).

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  • South Dakota

    The appellate process, i.e. oral arguments before the South Dakota Supreme Court, are open and recorded. See S.D. Codified Laws § 15-24.

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