The Supreme Court, in four cases, including Press Enterprise Co. v. Superior Court of California (464 U.S. 501 (1984) and Press-Enterprise Co. v. Superior Court of California (478 U.S. 1 (1986), among others, established a presumptive public right to attend criminal trial and pretrial proceedings under the First Amendment.
PRESS-ENTERPRISE
Digital First Media’s Press Enterprise covers Southern California’s Inland Empire. It’s the main newspaper for Riverside County and heavily covers San Bernardino County.
The newspaper’s readership region includes Orange County, the Coachella Valley, the San Bernardino Mountains, and San Diego County. Southern California News Group owns The Press-Enterprise.
MAJORITY OPINION
The chief justice, Warren E. Burger, authored the majority opinion in both cases. In Richmond Newspapers, Inc. v. Virginia, the Supreme Court first held that the public had a constitutionally protected right to see criminal trials (1980).
FIRST AMENDMENT
In Richmond Newspapers, both the dissenting and majority opinions hinted that citizens have a right to know how their government operates before they may speak critically of it under the First Amendment.
When deciding whether or not a government activity must be public, the court adopts a two-part test. Discount available on enterprise promo code.
SUPREME COURT REAFFIRMED
The majority of the Supreme Court reaffirmed this line of thinking in Globe Newspaper Co. v. Superior Court (1982), when they established a two-prong test to decide whether government operations are presumptively required to be accessible to the public. Justice William J. Brennan Jr. first proposed this test in his Richmond Newspapers concurrence.
TWO FACTORS
It requires an examination of two factors: (1) the extent to which the relevant proceedings have traditionally been open, and (2) the extent to which openness is instrumentally valuable to those proceedings.
GOVERNMENT GOAL
Criminal proceedings have been ruled suitable for this by the World Court. The Globe Court also ruled that the only way to restrict access to anything that is normally available to the public is if doing so is “strictly scrutinized,” or shown to be the least restrictive means of achieving a substantial government goal.
PRETRIAL HEARINGS
In instances involving the press, it was necessary to attend pretrial hearings.
Cases involving the Press Enterprise raised the issue of whether or not the presumption of openness applies to the pretrial stages of criminal trials. Both of the Press-Enterprise cases went through preliminary hearings and voir dire. Following application of the two-part test, a majority of the Supreme Court held that each respective hearing was presumptively open and that any subsequent closing was unwarranted.
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LAW SUITS
As of now, it is unclear how far the Press Enterprise lawsuits and their progenitors will go in setting precedent.
LOWER COURTS
The scope of this line of cases is commonly accepted by lower courts to include civil judicial actions, although opinions on whether or not it goes beyond the judicial realm are divided.
DAILY ENTERPRISE
The newspaper’s beginnings include The Press (1878) and The Daily Enterprise (1885). The two journals united in 1931, but The Press Enterprise didn’t debut until 1983. 1998: A. H. Belo bought the firm. After several delays, A.H. Belo sold The Press-assets Enterprise’s to Freedom Communications, parent company of the Orange County Register, for $27 million in October 2013.
Freedom entered bankruptcy in 2016, and Digital First Media bought the Register and Press-Enterprise in March.
PRESS ENTERPRISE’S ‘FACES OF’ CAMPAIGN
“Faces of” highlights local company owners. Pennsylvania newspaper ad departments are run by creative, determined people who embrace outside-the-box thinking. Sarah Kile, advertising director at Press Enterprise, is one such person, and she expects her ad team to be the same. A team member’s Maryland excursion inspired one concept.
The sales person discovered a magazine that featured local firms by writing about notable employees.
GRAPHIC DESIGNER
Kile said the first year was more difficult since they were beginning from nothing. A graphic designer on staff designed the project’s format and style. The special editions staff editor created questions for sales people to ask local companies for story material. Kile noted the questions were helpful for the showcase pieces, and the editor’s work was crucial. Staff photographers planned sessions with participating businesses to capture dynamic photos for the showcase.
CORONA’S SANTIAGO
Second baseman Cole Jordan throws a baseball to buddy and teammate Dylan George.
Most days, neither Jordan nor George stands out, until someone pulls up his jersey sleeve or checks at his belt. They’ll view Jordan’s CGM and George’s blood sugar pump.
Both are always conscious of their Type 1 diabetes.
“People have an image of a diabetic, so they’re astonished when I tell them,” said Jordan, 17.
Type 1 diabetes, sometimes called juvenile diabetes because it commonly develops in infancy, mainly affects young, healthy, active persons.
A PUBLICATION OF THE PRESS AND ENTERPRISE
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PRELIMIARY HEARINGS
First Amendment access to criminal proceedings extends to California preliminary hearings. First, California has a history of open preliminary hearings. Unlike grand jury procedures, magistrate hearings are open to the public.
Public access to preliminary hearings is crucial to the criminal justice system. Even if a preliminary hearing cannot end in a conviction and adjudication occurs before a magistrate without a jury, appropriate functioning is still crucial. Public access is more important without a jury. Pp. 6-13.
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