gannett depasquale argued november decided july pretrial hearing motion suppress allegedly involuntary confessions certain physical evidence respondents greathouse jones defendants state prosecution murder robbery grand larceny requested public press excluded hearing arguing unabated buildup adverse publicity jeopardized ability receive fair trial district attorney oppose motion reporter employed petitioner whose newspapers given extensive coverage crime defendants indictment arraignment made objection time closure motion though present courtroom respondent trial judge granted motion response reporter letter next day asserting right cover hearing requesting access transcript stated suppression hearing concluded decision immediate release transcript reserved petitioner moved closure order set aside trial judge hearing refused vacate order grant petitioner immediate access transcript ruling interest press public outweighed defendants right fair trial petitioner immediately commenced proceeding nature prohibition mandamus new york appellate division challenging trial orders first sixth fourteenth amendment grounds appellate division vacated orders holding transgressed public vital interest open judicial proceedings constituted unlawful prior restraint violation first fourteenth amendments new york appeals although holding case technically moot shortly entry appellate division judgment defendants pleaded guilty lesser included offenses transcript suppression hearing made available petitioner nevertheless retained jurisdiction view importance issues upheld exclusion press public pretrial proceeding held controversy moot jurisdiction defeated simply order attacked expired underlying dispute parties one capable repetition yet evading review nebraska press assn stuart order closing pretrial hearing short duration permit full review reasonably expected petitioner subjected similar closure orders future pp constitution give petitioner affirmative right access pretrial proceeding participants litigation agreed closed protect rights defendants pp safeguard due process rights accused trial judge affirmative constitutional duty minimize effects prejudicial pretrial publicity may take protective measures even strictly inescapably necessary publicity concerning pretrial suppression hearings poses special risks unfairness may influence public opinion defendant inform potential jurors inculpatory information wholly inadmissible actual trial pp sixth amendment guarantee public trial benefit defendant alone constitution nowhere mentions right access criminal trial part public cf oliver estes texas strong societal interest public trials nevertheless members public enforceable right public trial asserted independently parties litigation adversary system criminal justice premised upon proposition public interest fully protected participants litigation pp history sixth amendment guarantee demonstrates existence rule open civil criminal proceedings constitutional right members general public attend criminal trial even sixth fourteenth amendments properly viewed embodying right public attend criminal trials persuasive evidence public right common law attend pretrial proceedings contrary time adoption constitution public trials clearly associated protection defendant pretrial proceedings precisely concern fair trial never characterized degree openness actual trials pp even assuming arguendo first fourteenth amendments may guarantee right members press public attend criminal trials situations putative right given appropriate deference state nisi prius present case even though none spectators present courtroom including petitioner reporter objected defendants made closure motion petitioner counsel given opportunity heard trial thereafter concluded defendants right fair trial outweighed constitutional rights press public furthermore denial access temporary danger prejudice dissipated transcript suppression hearing made available thus first fourteenth amendment right petitioner attend criminal trials violated pp stewart delivered opinion burger powell rehnquist stevens joined burger post powell post rehnquist post filed concurring opinions blackmun filed opinion concurring part dissenting part brennan white marshall joined post robert bernius argued cause petitioner briefs john stuart smith bernard kobroff argued cause filed brief respondents briefs amici curiae urging reversal filed david rudenstine bruce ennis joel gora american civil liberties union et al arthur hanson frank northam richard schmidt american newspaper publishers association et al anthony essaye deadline club new york city chapter society professional journalists sigma delta chi et al briefs amici curiae filed barrett prettyman erwin krasnow reporters committee freedom press et al floyd abrams new york times justice stewart delivered opinion question presented case whether members public independent constitutional right insist upon access pretrial judicial proceeding even though accused prosecutor trial judge agreed closure proceeding order assure fair trial wayne clapp aged residing henrietta rochester suburb disappeared july last seen july two male companions went boat fish seneca lake miles rochester two companions returned boat day drove away clapp pickup truck clapp failed return home july family reported absence police examination boat laced bulletholes seemed indicate clapp met violent death aboard police began intensive search two men also began operations attempt locate clapp body petitioner gannett publishes two rochester newspapers morning democrat chronicle evening july paper carried first story clapp disappearance reported details known stated police theorizing clapp shot boat body dumped overboard stated body missing mentioned names respondents greathouse jones said greathouse identified one two companions accompanied clapp friday boat said two aged respectively noted police seeking two men greathouse wife also accompanying evening story photograph clapp report also contained appeal state police assistance michigan police apprehended greathouse jones woman july came interstate bulletin describing clapp truck led discovery jackson county police observed truck parked local motel petitioner two rochester papers july reported details capture stories recounted michigan police arrested jones park used helicopter dogs tracked greathouse woman woods recited clapp truck located near park stories also stated seneca county police theorized clapp shot pistol robbed body thrown seneca lake articles provided background clapp life sketched events surrounding disappearance said new york issued warrants arrest three persons one articles reported seneca county district attorney seek extradite suspects attempt carry homicide prosecution even clapp body found paper also quoted prosecutor stating however evidence still developing case change story noted greathouse jones texas south carolina respectively papers carried stories july revealed jones adult waived extradition new york police traveled michigan questioning suspects articles referred police speculation extradition greathouse woman might involve legalities considered juveniles michigan morning story provided details interview landlady suspects rented room staying seneca county time clapp disappeared also noted greathouse according state police probation san antonio police know details criminal record democrat chronicle carried another story morning july stated greathouse led michigan police spot buried magnum revolver belonging clapp gun returned new york three suspects also stated police found ammunition motel greathouse woman believed stayed arrested story repeated basic facts known disappearance clapp capture three suspects michigan stated new york police continued search seneca lake clapp body july democrat chronicle reported greathouse jones arraigned seneca county magistrate murder charges shortly arrival michigan woman also arraigned charges grand larceny three committed seneca county jail three appeared calm session magistrate read depositions signed three witnesses one testified heard five six shots lake day disappearance seeing clapp boat veer sharply water greathouse jones woman indicted seneca county grand jury august two men charged several counts murder robbery grand larceny woman indicted one count grand larceny democrat chronicle august reported filing indictments story stated murder charges specified two men shot clapp gun weighted body anchors tossed lake made clapp credit card gun truck reported defendants held without bail provided background material details clapp disappearance fact clapp body still recovered mentioned one report noted according prosecutor body recovered prior trial first trial new york state history paper day also carried brief notice memorial service clapp held evening henrietta notices repeated greathouse jones charged clapp murder body recovered august paper carried story reporting details arraignments greathouse jones day papers stated men pleaded guilty charges story repeated basic facts accusations men noted woman arraigned larceny charge stories noted defense attorneys given days file pretrial motions period greathouse jones moved suppress statements made police ground asserted statements given involuntarily also sought suppress physical evidence seized fruits allegedly involuntary confessions primary physical evidence sought suppress gun petitioner newspaper reported greathouse led michigan police motions suppress came judge depasquale november hearing defense attorneys argued unabated buildup adverse publicity jeopardized ability defendants receive fair trial thus requested public press excluded hearing district attorney oppose motion although carol ritter reporter employed petitioner present courtroom objection made time closure motion trial judge granted motion next day however ritter wrote letter trial judge asserting right cover hearing requesting given access transcript judge responded later day stated suppression hearing concluded decision immediate release transcript reserved petitioner moved set aside exclusionary order trial judge scheduled hearing motion november allowing parties file briefs proceeding trial judge stated view press constitutional right access although deemed unfortunate representative petitioner objected time closure motion despite acceptance existence right however judge emphasized balanced constitutional right defendants fair trial finding record open suppression hearing pose reasonable probability prejudice defendants judge ruled interest press public outweighed case defendants right fair trial judge thus refused vacate exclusion order grant petitioner immediate access transcript pretrial hearing following day original proceeding nature prohibition mandamus challenging closure orders first sixth fourteenth amendment grounds commenced petitioner state new york appellate division fourth department december held exclusionary orders transgressed public vital interest open judicial proceedings constituted unlawful prior restraint violation first fourteenth amendments accordingly vacated trial orders app div appeal new york appeals held case technically moot critical importance issues involved retained jurisdiction reached merits noted state law riminal trials presumptively open public including press held presumption overcome case danger posed defendants ability receive fair trial thus appeals upheld exclusion press public pretrial proceeding significance constitutional questions involved granted certiorari ii consider first suggestion mootness noted rejected new york appeals conclude aspect case governed nebraska press assn stuart controversy moot petitioner course obtained access transcript suppression hearing jurisdiction defeated simply order attacked expired underlying dispute parties one capable repetition yet evading review southern pacific terminal icc meet test two conditions must satisfied challenged action duration short fully litigated prior cessation expiration reasonable expectation complaining party subjected action weinstein bradford conditions met order closing pretrial hearing short duration permit full review extent order effect denying access transcript termination underlying criminal proceeding guilty plea case jury verdict nearly always lead lifting order appellate review completed order nature nebraska press supra reasonably expected petitioner publisher two new york newspapers subjected similar closure orders entered new york courts compliance judgment state appeals therefore turn merits iii long recognized adverse publicity endanger ability defendant receive fair trial sheppard maxwell irvin dowd marshall cf estes texas safeguard due process rights accused trial judge affirmative constitutional duty minimize effects prejudicial pretrial publicity sheppard maxwell supra constitution pervasive concern due process rights trial judge may surely take protective measures even strictly inescapably necessary publicity concerning pretrial suppression hearings one involved present case poses special risks unfairness whole purpose hearings screen unreliable illegally obtained evidence insure evidence become known jury cf jackson denno publicity concerning proceedings pretrial hearing however influence public opinion defendant inform potential jurors inculpatory information wholly inadmissible actual trial danger publicity concerning pretrial suppression hearings particularly acute may difficult measure degree certainty effects publicity fairness trial commencement trial inadmissible prejudicial information defendant kept jury variety means information publicized pretrial proceeding however may never altogether kept potential jurors closure pretrial proceedings often one effective methods trial judge employ attempt insure fairness trial jeopardized dissemination information throughout community trial even begun cf rideau louisiana iv sixth amendment applicable fourteenth surrounds criminal trial guarantees rights notice confrontation compulsory process overriding purpose protection accused prosecutorial judicial abuses among guarantees amendment provides person charged commission criminal offense alone right speedy public trial impartial jury constitution nowhere mentions right access criminal trial part public guarantee like others enumerated personal accused see faretta california specific guarantees sixth amendment personal accused blackmun dissenting cases uniformly recognized guarantee one created benefit defendant oliver held secrecy criminal contempt trial violated accused right public trial fourteenth amendment right public trial stated always recognized safeguard attempt employ courts instruments persecution knowledge every criminal trial subject contemporaneous review forum public opinion effective restraint possible abuse judicial power explanatory stated guarantee protection persons accused crime innocently accused may become victim unjust prosecution well guilty may awarded fair trial one rule public trials must observed applied frequently quoted statement cooley constitutional limitations ed requirement public trial benefit accused public may see fairly dealt unjustly condemned presence interested spectators may keep triers keenly alive sense responsibility importance functions thus oliver estes cases recognized constitutional guarantee public trial benefit defendant slightest suggestion either case correlative right members public insist upon public trial sixth amendment guarantees defendant criminal case right public trial guarantee right compel private trial ability waive constitutional right ordinarily carry right insist upon opposite right singer issue whether defendant compel private trial rather issue whether members public enforceable right public trial asserted independently parties litigation blinking fact strong societal interest public trials openness proceedings may improve quality testimony induce unknown witnesses come forward relevant testimony cause trial participants perform duties conscientiously generally give public opportunity observe judicial system estes texas warren concurring strong societal interest constitutional guarantees extended accused well public example definite concrete interest seeing justice swiftly fairly administered see barker wingo similarly public interest criminal case heard jury interest distinct defendant interest tried jury peers patton recognition independent public interest enforcement sixth amendment guarantees far cry however creation constitutional right part public adversary system criminal justice public interest administration justice protected participants litigation thus great public interest jury trials preferred mode factfinding criminal cases defendant waive jury trial without consent prosecutor judge singer supra patton supra defendant waives right jury trial prosecutor judge consent hardly seriously argued member public demand jury trial societal interest mode cf fed rule crim proc trials jury unless waived defendant must approve prosecution must consent waiver similarly defendant convert right speedy trial right compel indefinite postponement member general public surely right prevent continuance order vindicate public interest efficient administration justice short adversary system criminal justice premised upon proposition public interest fully protected participants litigation arguing members general public constitutional right attend criminal trial despite obvious lack support right structure text sixth amendment petitioner amici rely history guarantee history however ultimately demonstrates existence commonlaw rule open civil criminal proceedings many rules elevated status constitutional rights provisions constitution reflect incorporation certain rules rejection others right jury trial example explicitly embodied sixth seventh amendments rule looked upon jurors interested parties give evidence defendant explicitly rejected sixth amendment provision defendant entitled tried impartial jury vast majority rules neither made part constitution explicitly rejected judicial duty case determine whether rule open proceedings incorporated rejected left undisturbed sixth amendment pursuing inquiry important distinguish constitution permits requires never suggested phrasing guarantee right accused framers intended reject rule open proceedings question sixth amendment permits even presumes open trials norm issue whether constitution requires pretrial proceeding one opened public even though participants litigation agree closed protect defendants right fair trial history upon petitioner amici rely totally fails demonstrate framers sixth amendment intended create constitutional right strangers attend pretrial proceeding actually confer upon accused explicit right demand public trial conspicuous contrast early state constitutions provided public right open civil criminal trials sixth amendment confers right public trial upon defendant criminal case even sixth fourteenth amendments properly viewed embodying right public attend criminal trials necessarily follow petitioner right access circumstances case exists persuasive evidence common law members public right attend pretrial proceedings indeed substantial evidence contrary time adoption constitution public trials clearly associated protection defendant pretrial proceedings precisely concern fair trial never characterized degree openness actual trials english common law public right attend pretrial proceedings jenks book english law ed must course remembered principle publicity applies actual trial case necessarily preliminary prefatory stages proceedings maitland justice police preliminary examination accused persons gradually assumed judicial form place held indeed open public excluded magistrate thinks ends justice thus best answered see also indictable offences act ch providing pretrial proceedings deemed open public therefore excluded magistrates courts act geo eliz ch closed pretrial proceedings familiar part judicial landscape country well original new york field code criminal procedure published example provided pretrial hearings closed public upon request defendant explanatory report made clear provision designed protect defendants prejudicial pretrial publicity examination must necessarily public consequence may testimony upon mere preliminary examination spread community state opinion created cases great public interest render difficult obtain unprejudiced jury interests justice require case defendant prejudged avoided one justly complain put upon trial dangers prejudgment obviated reasons hold members public constitutional right sixth fourteenth amendments attend criminal trials vi petitioner also argues members press public right access pretrial hearing reason first fourteenth amendments pell procunier saxbe washington post houchins kqed upheld prison regulations denied members press access prisons superior afforded public generally members however took position cases first fourteenth amendments guarantee public general press particular right access precludes complete exclusion absence significant governmental interest see saxbe supra powell dissenting houchins supra stevens dissenting see also stewart concurring petitioner case urges us narrow rulings pell saxbe houchins least extent recognizing first fourteenth amendment right attend criminal trials need decide abstract however whether constitutional right even assuming arguendo first fourteenth amendments may guarantee access situations question decide putative right given appropriate deference state nisi prius present case several factors lead conclusion actions trial judge consistent right access petitioner may first fourteenth amendments first none spectators present courtroom including reporter employed petitioner objected defendants made closure motion despite failure make contemporaneous objection counsel petitioner given opportunity heard proceeding allowed voice petitioner objections closure pretrial hearing proceeding took place filing briefs trial balanced constitutional rights press public defendants right fair trial trial judge concluded making appraisal press public excluded suppression hearing denied immediate access transcript open proceeding pose reasonable probability prejudice defendants thus trial found representatives press right access constitutional dimension held circumstances case right outweighed defendants right fair trial short decision based assessment competing societal interests involved rather determination first amendment freedoms implicated saxbe supra powell dissenting furthermore denial access case absolute temporary danger prejudice dissipated transcript suppression hearing made available press public full opportunity scrutinize suppression hearing unlike case absolute ban access therefore press opportunity inform public details pretrial hearing accurately completely circumstances first fourteenth amendment right petitioner attend criminal trial violated vii certainly disparage general desirability open judicial proceedings asked declare whether open proceedings represent beneficial social policy whether constitutional barrier state law imposed stricter standard closure one employed new york courts rather asked hold constitution gave petitioner affirmative right access pretrial proceeding even though participants litigation agreed closed protect rights defendants reasons discussed opinion hold constitution provides right accordingly judgment new york appeals affirmed ordered footnotes crim proc law mckinney supp defendant required file advance trial motion suppress evidence statutes permitted defendant make motion first time trial reasonable opportunity prior trial state failed provide notice trial seek introduce confession defendant hearing motion defendants greathouse jones suppress confessions involuntary held trial accordance decision people huntley huntley new york appeals ruled separate inquiry voluntariness confession required decision jackson denno made preliminary hearing shortly entry judgment appellate division defendants pleaded guilty lesser included offenses satisfaction charges immediately thereafter transcript suppression hearing made available petitioner addition excluding inadmissible evidence trial judge may order sequestration jury take variety protective measures see nebraska press assn stuart sheppard maxwell mean course failure close pretrial hearing take protective measures minimize impact prejudicial publicity warrant extreme remedy reversal conviction precisely reversal extreme remedy employed rarest cases criminal justice system permits even encourages trial judges overcautious ensuring defendant receive fair trial sixth amendment provides criminal prosecutions accused shall enjoy right speedy public trial impartial jury state district wherein crime shall committed district shall previously ascertained law informed nature cause accusation confronted witnesses compulsory process obtaining witnesses favor assistance counsel defence also recognized right public trial guaranteed accused publicity also provides various benefits public numerous commentators also recognized defendant right public trial sixth amendment radin right public trial temple public right public trial derived constitution constitution certainly mention public trial privilege public expressly accused boldt canon amended guarantee public trial benefit persons charged crime significant constitution say public right enjoy even attend trials nothing constitutional language indicating individual accused criminal trial either right attend trial publicity emanating trial note right attend criminal hearings colum rev since sixth amendment confers right public trial accused elaborate parallel possibly adverse public right access public trial guarantee clause strains even flexible constitutional language beyond proper bounds note right public trial criminal cases rev despite importance public interest however appear public right rooted traditions conscience people ranked fundamental particularly view uncertain status right majority state courts see also powell right fair trial must bear mind primary purpose public trial media right part public attend report occurs protect accused cooley constitutional limitations ed requirement public trial benefit accused appears today one state federal ever held sixth fourteenth amendments confer upon members public right access criminal trial cianfrani cianfrani case criticized departure plain meaning sixth amendment see note colum faretta california contrast held sixth fourteenth amendments guarantee accused right proceed without counsel criminal case voluntarily intelligently elects reaching result relied language structure sixth amendment grants accused right make defense part right make defense amendment speaks assistance counsel thus contemplating norm accused lawyer master defense question case dissenting opinion repeatedly suggests post whether sixth fourteenth amendments give defendant right compel secret trial case defendants prosecutor judge agreed closure pretrial suppression hearing necessary protect defendants right fair trial moreover transcript proceedings made available public thus need decide question framed dissenting opinion question presented clear defendant right see singer lthough defendant circumstances waive constitutional right public trial absolute right compel private trial recognized prosecutor representative ordinary party controversy sovereignty whose obligation govern impartially compelling obligation govern whose interest therefore criminal prosecution shall win case justice shall done peculiar definite sense servant law berger responsibility prosecutor representative public surely encompasses duty protect societal interest open trial responsibility also requires sensitive due process rights defendant fair trial fortiori trial judge dual obligation blackstone example stated universally obtains juror knows matter issue may give evidence publicly blackstone commentaries thus enough say words dissenting opinion evidence casting concept terms right accused signaled departure practice post indication first congress proposing became sixth amendment meant depart practice post additional problem historical analysis petitioner amici equally applicable civil criminal cases therefore proves much many centuries civil criminal trials traditionally open public early sir john hawles commented open proceedings necessary truth may discovered civil well criminal matters emphasis added remarks upon cornish trial tr english commentators also assumed rule public attend civil criminal trials without distinguishing two coke institutes laws england ed causes heard openly kings courts blackstone commentaries hale history common law england ed jenks book english law ed experience american colonies analogous beginning norm open trials indeed new jersey constitution provided person attend trial whether civil criminal concessions agreements west new jersey ch xxiii quoted schwartz bill rights documentary history emphasis added similarly pennsylvania constitutions provided courts shall open schwartz supra emphasis added existence rule test whether sixth amendment public right public trial therefore right civil well criminal cases sixth amendment speak terms civil cases terms limited providing rights accused criminal cases short principled basis upon public right access judicial proceedings limited criminal cases scope right defined common law rather text structure constitution indeed many advantages public criminal trials equally applicable civil trial context operation judicial process civil cases often interest parties litigation always case dred scott sandford plessy ferguson brown board education university california regents bakke thus civil cases public interest access salutary effect publicity may strong stronger criminal cases see supra although pretrial suppression hearings unknown common law preliminary hearings formalized statute early phil ch phil ch abolition star chamber defendants criminal cases began acquire many rights presently embodied sixth amendment thus accused right confront witnesses call witnesses behalf generally right fair trial know period public trial first became identified right accused one commentator stated public trial although always custom acquired new significance gave individual protection denied fundamental rights public trial make difficult judge abuse jury accused abuses cause much public indignation thus must seemed implicit public trial much essential element fair trial newer conventions note legal history origins public trial ind period first find defendants demanding public trial see trial john lilburne tr lilburne trial treason referred public trial first fundamental liberty englishman indeed fact framers guaranteed accused right public trial amendment contains rights accused also suggests open trials clearly associated rights defendant even respect trials tradition publicity universal exclusion members general public upheld example cases involving violent crimes minors geise public also temporarily excluded trials testimony certain witnesses beauchamp cahill exclusion justified children forced testify revolting facts state callahan exclusion justified embarrassment prevent effective testimony hogan state ark trial judge properly closed trial spectators testimony rape victim ex rel smallwood lavalle supp edny aff exclusion also permitted evidence case expected obscene state croak la finally trial judges given broad discretion exclude spectators protect order courtrooms ex rel orlando fay exclusion general public justified outburst defendant mother approximately half also statutory provisions containing limitations upon public trials code public excluded rape cases code public excluded evidence vulgar mass laws ch west general public excluded trials designated crimes stat person party shall present criminal trial code trial criminal cases may discretion exclude persons whose presence impair conduct fair trial petitioner amici appear argue since exclusion members public relatively rare must constitutional public right public trial argument however confuses existence constitutional right tradition open civil criminal proceedings see supra tradition coupled explicit right accused public trial criminal cases fully explains general prevalence open trials similarly press privilege reporting pretrial judicial proceedings english common law thus case king fisher camp eng forbade dissemination information pretrial hearing protect right accused receive fair trial distinguishing privilege accorded reporting trials absence privilege reporting pretrial proceedings lord ellenborough declared thing important another administration justice jurymen come trial persons whose guilt innocence decide minds pure unprejudiced trials law fairly reported although may occasionally prove injurious individuals held privileged let continue privileged preliminary examinations privilege tendency prejudge law still presumes innocent poison sources justice eng see also king parke restrictions public access reporting pretrial proceedings involve suppression hearings hearings exist early common law rationale lack public right access pretrial judicial proceedings protection right accused fair trial equally applicable pretrial suppression hearings indeed entire purpose pretrial suppression hearing ensure accused unfairly convicted contaminated evidence commissioners practice pleadings code criminal procedure final report protect defendant right public trial however closure ordered request defendant guard rights defendant secret examination section provides shall conducted private unless request rule crim proc cal penal code ann west idaho code iowa code mont code ann rev stat cent code utah code ann similar provisions rule crim proc providing suppression hearings shall open unless defendant moves held presence defendant counsel parties officers necessary witnesses still allow closure pretrial hearings without statutory authorization nebraska press assn stuart year ago american bar association also endorsed view presiding officers close pretrial hearings request defendant unless substantial likelihood defendant prejudiced open proceeding aba project standards criminal justice fair trial free press app draft aba following approach taken nebraska press association stuart changed standard aba project standards criminal justice fair trial free press standard app draft nebraska press case however irrelevant question presented see infra petitioner argues trials traditionally open public contrast prisons public traditionally excluded need decide case whether factual difference constitutional significance decision nebraska press assn stuart supra assistance petitioner case nebraska press case involved direct prior restraint imposed trial judge members press prohibiting disseminating information criminal trial since generally universally considered chief purpose first amendment guaranty prevent previous restraints upon publication near minnesota ex rel olson held order violated constitutional guarantee free press see also oklahoma publishing district exclusion order present case contrast prevent petitioner publishing information possession proper inquiry therefore whether petitioner denied constitutional right access chief justice burger concurring join opinion write separately emphasize view nature proceeding involved today decision definition hearing motion trial suppress evidence trial pretrial hearing sixth amendment tells us criminal prosecutions accused shall enjoy right public trial emphasis supplied practice western societies part tradition centuries trials generally public important prophylaxis system justice constitutes adhesive element society public interest observing performance litigants witnesses also advocates presiding judge similarly accused testifies proper public interest testimony interest alone create constitutional right common law different presumption proceedings preceded trial awareness untoward effects result publication information indictment returned person bound trial example need consider case daubney cooper involved suit trespass judge forcing person courtroom argument concentrated whether defendant entitled represented counsel following exchange appeal illustrates distinction drawn trials pretrial proceedings counsel decision cox coleridge proceeded ground taken place magistrates merely preliminary inquiry decision proceeded entirely upon ground pointed inconvenience result giving publicity previous inquiry bayley interrupting believe case distinction taken preliminary inquiry inquiry upon may conviction counsel continued lord tenterden says preliminary inquiry trial makes mind difference emphasis original parke interrupting decision cox coleridge turned upon case preliminary inquiry sixth amendment written century one conceived exclusionary rule pretrial motions suppress evidence part criminal jurisprudence authors constitution imaginative farsighted perceptive conceivably anticipated paradox inherent rule evidence excludes undoubted truth truthfinding processes adversary system nevertheless confronted legal theory reality unique strictures exclusionary rule must taken account setting make public evidence developed motion suppress evidence cf brewer williams long exclusionary rule modified introduce new dimension problem conducting fair trials even though draftsmen constitution anticipate pretrial proceedings suppress evidence pretrial proceedings wholly unknown day written interrogatories used pretrial litigation especially admiralty cases thus safe assume lawyers drafted sixth amendment unaware testimony likely recorded trials took place yet one ever suggested right public present pretrial proceedings available time trial known whether extent pretrial evidence offered received similarly last years pretrial processes enormously expanded never occurred anyone far aware pretrial deposition pretrial interrogatories wholly private litigants pretrial deposition become part trial unless contents deposition offered evidence pretrial depositions uncommon take testimony witness either defense prosecution entire pretrial period certainty trial take place something neighborhood percent criminal charges resolved guilty pleas frequently pretrial depositions taken motions suppress evidence ruled upon essence definition pretrial proceedings exactly full quotation proceeding preliminary inquiry whether sufficient ground commit prisoner trial proceeding grand jury precisely nature difficult right exists present case deny preliminary inquiry trial makes mind difference cox coleridge eng justice powell concurring although join opinion address question reserves importance public accurate information concerning operation criminal justice system hold explicitly petitioner reporter interest protected first fourteenth amendments present pretrial suppression hearing argued saxbe washington post powell dissenting constitutional protection derives special status members press rather seeking news press acts agent public large individual member obtain information needed intelligent discharge political responsibilities cf first national bank boston bellotti right access courtroom proceedings course absolute limited constitutional right defendants fair trial see estes texas needs government obtain convictions preserve confidentiality sensitive information identity informants cf procunier martinez houchins kqed stevens dissenting saxbe washington post supra dissenting opinion task determining application limitations individual trial necessarily falls almost exclusively upon trial asked exclude members press public courtroom entirely impractical require criminal proceedings cease appellate courts afforded opportunity review trial decision close proceedings important therefore identify guidance trial courts constitutional standard judge whether closure justified minimal procedure standard applied cases competing constitutional rights must weighed context criminal trial often difficult question whether unrestrained exercise first amendment rights poses serious danger fairness defendant trial stressed estes presence press judicial proceedings must limited apparent accused might otherwise prejudiced disadvantaged sheppard maxwell omitted see estes texas supra striking balance number considerations weighed nebraska press assn stuart concluded strong presumption prohibiting members press publishing information already possession concerning courtroom proceedings excluding members press courtroom however differs substantially gag order issue nebraska press latter involved classic prior restraint one extraordinary remedies known jurisprudence applied information irrespective source present case hand confronted trial order effect denies access one albeit important source way tell press may may publish despite differences nebraska press present case petitioner asks impose severe burden upon defendants seeking closure approach taken justice blackmun opinion grant request limiting closure cases strictly inescapably necessary order protect guarantee see post difficult imagine case closure ordered appropriately standard rule apparent inflexibility prejudice defendants rights disserve society interest fair prompt disposition criminal trials result pretrial publicity defendants convicted less meticulously fair trial constitution demands also increase reversal convictions appeal either event seems approach suggested petitioner adequately safeguard defendant right fair trial right equal constitutional significance right access better course flexible accommodation first sixth amendment rights protected interference fourteenth amendment accommodation neither defendants rights rights members press public made subordinate cf branzburg hayes powell concurring question trial therefore considering motion close pretrial suppression hearing whether fair trial defendant likely jeopardized publicity members press public present free report prejudicial evidence presented jury although strict standard nebraska press applicable decisions concerning closure courtroom proceedings much discussion case factors considered making decisions respect gag orders relevant closure decisions thus defendant requests trial exclude public consider whether alternative means reasonably available fairness trial might preserved without interfering substantially public interest prompt access information concerning administration justice similarly exclusion justified protection defendant right fair trial state interest confidentiality members press public objecting exclusion right demand extend farther likely achieve goals thus example trial withhold transcript closed courtroom proceedings past time prejudice likely result defendant state release enough however trial courts apply certain standard requests closure constitutional right press public access substance representatives groups must given opportunity heard question exclusion opportunity extends farther persons actually present time motion closure made alternative require substantial delays trial pretrial proceedings notice given public upon timely objection granting motion incumbent upon trial afford present reasonable opportunity heard question whether defendant likely deprived fair trial press public permitted remain attendance hearing defendant responsibility moving party make showing fairness trial likely prejudiced public access proceedings similarly state joins closure request given opportunity show public access interfere interests fair proceedings preserving confidentiality sensitive information hand members press public object closure responsibility showing satisfaction alternative procedures available eliminate dangers shown defendant state question whether first amendment right access outlined adequately respected present case notes reporter ordered courtroom upon motion defendants object closure order suppression hearing completed petitioner right heard question closure therefore invoked closure accomplished irrevocable fact upon petitioner request counsel newspaper allowed within reasonable time request present written oral arguments challenging closure order oral argument trial applied standard similar set forth first reviewed petitioner counsel factual basis finding closure necessary preserve fairness defendants trial view nature evidence considered hearing young age two defendants extent publicity already given case indicated open hearing substantially jeopardize fairness defendants subsequent trial moreover emphasized fact prosecutor well defense lawyers endorsed closure motion hand found petitioner presented basis changing views need closure throughout oral argument recognized constitutional right press public present criminal proceedings concluded however unique situation presented closure appropriate seal placed upon transcript suppression hearing continue effect view procedure followed trial fully comported required constitution moreover substantive standard applied essentially correct giving due deference proximity trial judge surrounding circumstances conclude error case exclude petitioner reporter therefore agree judgment new york appeals must affirmed present case members press public excluded pretrial suppression hearing rather trial criminal justice system developed suppression hearings often important trial may follow government case may turn upon confession evidence defendant seeks suppress trial ruling evidence may determine outcome case indeed case trial following suppression hearing plea bargaining occurred resulted guilty pleas view special significance suppression hearing public interest proceeding often comparable interest trial emphasized however incidents pretrial trial comparable terms public interest importance formal hearing question whether critical conclusive evidence admitted excluded criminal process may numerous arguments consultations decisions well depositions interrogatories central process implicate first amendment rights course grand jury proceedings traditionally held strict confidence see houchins kqed stevens dissenting contrary justice rehnquist suggestion post lower courts assume today decision free determine question whether open close proceeding free constitutional constraint although disagree four dissenting brethren concerning origin scope constitutional limitations closing pretrial proceedings agree conclusion limitations require careful attention trial courts closure ordered indeed subsequent oral argument trial told counsel petitioner unfortunate closure motion made motion made made moving force behind motion rights defendants fair trial app gannett newspapers knew matter scheduled hearing opportunity counsel present particular morning closure motion made unfortunately representative gannett newspapers appear record trial gave explicit consideration alternatives closure sealing transcript although generally consideration necessary order determine whether constitution permits closure see supra circumstances present case find error trial method proceeding petitioner counsel appeared closure order effectuated suggested obliquely consider alternatives change venue oral argument lawyer insisted must factual showing alternative means remedying problem prejudicial publicity thing mentioned today reasonable probability defendants case prejudiced insofar remark suggested burden defendants prove alternatives closure properly rejected suggestion see discussion supra appears petitioner counsel part made effort show alternative method proceeding satisfactory light unsettled state law confronting trial uncertain nature claims petitioner making conclude material deviation guidelines set forth justice rehnquist concurring concur opinion write separately emphasize apparent sixth amendment holding address first amendment issue appears reserve today holds without qualification members public constitutional right sixth fourteenth amendments attend criminal trials ante case trial judge closed suppression hearing concluded open hearing might posed danger defendants ability receive fair trial ante recitation fact discussion need preserve defendant right fair trial ante interpreted mean sixth amendment trial close pretrial hearing trial danger prejudicial publicity harm defendant contrary since holds public sixth amendment right access proceedings necessarily follows parties agree closed proceeding trial required sixth amendment advance reason whatsoever declining open hearing trial public question sixth amendment permits even presumes open trials norm ante today holds sixth amendment require criminal trial hearing opened public participants litigation agree reason matter jurisprudentially appealing unappealing closed may assume arguendo first fourteenth amendments guarantee public right access pretrial hearings situations concludes case putative right given appropriate deference ante despite seeming reservation question whether first amendment guarantees public right access pretrial proceedings clear repeatedly held first amendment right access public press judicial governmental proceedings see post nixon warner communications saxbe washington post pell procunier branzburg hayes zemel rusk estes texas see also houchins kqed opinion burger joined white rehnquist jj stewart concurring first fourteenth amendments guarantee public right access information generated controlled government guarantee press basic right access superior public generally constitution assure public press equal access government opened doors ibid thus emphatically rejected proposition advanced justice powell concurring opinion ante first amendment sort constitutional sunshine law requires notice opportunity heard substantial reasons governmental proceeding may closed public press refused find first amendment right access past lower courts assume today decision must adhere procedures employed trial case advanced justice powell separate opinion order avoid running afoul first amendment contrary view think view majority lower courts constitutional constraint either accept reject procedures remain best tradition federal system free determine question whether open close proceeding hopefully decide question accommodating competing interests judicious manner far constitution concerned question us resolve fact dissent recognize instances pretrial publicity alone even pervasive adverse publicity actually deprives defendant ability obtain fair trial quite rare ante post see nebraska press assn stuart murphy florida beck washington stroble california brother powell suggests concurring opinion wrong stating ante believes four dissenters expressly reject first amendment views post instead rely sixth amendment analysis repudiated majority today join subsequent case impose constitutional limitations ability trial close judicial proceedings disagree justice powell two reasons first matter commonly arising regular administration criminal justice lightly brother powell impute four dissenters case willingness ignore doctrine stare decisis join later decision form might fairly called odd quintuplet agreeing authority trial courts close judicial proceedings public subject limitations stemming two different sources constitution even occur diversity views necessarily reflected disposition seem practical matter place outside limits imposed constitution bizarre orders closing judicial proceedings sort orders spawned saying hard cases make bad law justice blackmun justice brennan justice white justice marshall join concurring part dissenting part concur part ii opinion dissent opinion subsequent parts also join phrasing question presented ante distress concern publicity clapp murder received seneca county area today decision view unfortunate one fear surrenders temptation overstate overcolor actual nature publicity reaches strict flat result process ignores important antecedents significant developmental features sixth amendment result inflexible per se rule justice rehnquist appropriately observes separate concurrence ante rule effect defense prosecution merely agree public excluded suppression hearing trial judge resist trial judges may prone since nonresistance easier resistance closure shall take place nothing sixth amendment prevents happily agreed upon event result important interests public press part public open judicial proceedings rejected cast aside little value significance think easy wooden approach without support either legal history intendment sixth amendment dissent review facts ante face placid routine innocuous nature news articles case indeed comparative infrequency attempt supply missing reporting newspapers august filing indictments first time either two papers carried comment case since july nine days august paper carried story reporting arraignments greathouse jones preceding day thereafter story clapp case appeared petitioner papers suppression hearing november thus days preceding hearing publicity whatsoever july first story appeared august period days different articles printed two papers evening paper usually reprinted substantially duplicated morning story articles different days period evening story containing little differed morning story days accounts appeared papers furthermore dispute whatsoever stories consisted almost entirely straightforward reporting facts surrounding investigation clapp disappearance arrests charges stories contained editorializing nothing fairminded person describe sensational journalism one picture appeared photograph clapp accompanied first story printed nothing record indicate stories placed page within paper play murder investigation headlines entirely factual stories relatively brief appeared connection development investigation gave indication published sustain popular interest case motions suppress came judge depasquale november despite absence publicity newspapers three months counsel defendants commencement hearing without previously indicated intention asked exclusion members public press present courtroom urged grounds motions going take evidentiary matters consideration may may brought forth subsequently trial app reminded defendants constitutional right public trial exclusion abridge rights constitutional rights defendants greathouse attorney joined jones lawyer stated fully understand honor trial hearing think dilatorious sic effects far outweigh constitutional rights turned district attorney prosecutor indicated wish heard respect motion said stated earlier thought defense oppose wished ibid thereupon without inquiry granted motion closure said trial matter matters may come testimony people witnesses may prejudicial defendant therefore situation two defense attorneys suddenly without notice moved suppression hearing closed prosecutor obviously taken guard particularly strong feeling considered position acquiesced credit sensitive rights defendants public proceeding even though thought trial matter obviously impressed brooding presence possible prejudicial publicity comment evidentiary matters may come may prejudicial difficult imagine anything less sensational murder context yet possesses justify description question presented one context agreement accused prosecutor trial judge closure order assure fair trial ante hearing one ante defense attorneys argued unabated buildup adverse publicity jeopardized ability defendants receive fair trial find little record tends support either descriptions serious consequence reference inference unabated buildup adverse publicity defense attorneys spoke dilatorious effects evidentiary matters may may brought forth subsequently trial app justice rehnquist notes thin concern ante defense lawyers representing clients course perhaps properly overcautious certainly favored nothing unabated buildup adverse publicity must prevented order assure fair trial fairness today colorful allusions assumes took place motions presented november may attributable comments opinion majority new york appeals commencement pretrial suppression hearing defense attorneys argued unabated buildup adverse publicity already jeopardized clients ability receive fair trial details however known public curiosity intense widespread public awareness kindled media saturation legitimize mere curiosity public concern focused prosecutorial judicial accountability irregularities occurred state interest public chiefly one active curiosity respect notorious local happening ii confronts case another aspect recurring conflict arises whenever defendant criminal case asserts right fair trial clashes right public general press particular open proceeding considered aspects problem deciding whether publicity sufficiently prejudicial deprived defendant fair trial compare murphy florida sheppard maxwell recently examined extent first fourteenth amendments protect news organizations rights publish free prior restraint information learned open pretrial suppression hearing nebraska press assn stuart yet addressed precise issue raised case whether extent constitution prohibits excluding request defendant members public hearing see brennan concurring judgment publishing schulingkamp powell chambers clear case involve type prior restraint issue cases like nebraska press neither county appeals restrained publication comment upon information already known public press case general issue one prior restraint press rather one access judicial proceeding despite justice powell concern ante heretofore found today find first amendment right access judicial governmental proceedings see nixon warner communications pell procunier one turns instead provision constitution speaks directly question access judicial proceedings namely provision sixth amendment familiar language sixth amendment reads criminal prosecutions accused shall enjoy right speedy public trial provision reflects tradition system criminal justice trial public event hat transpires room public property craig harney reflects well notion deeply rooted common law justice must satisfy appearance justice levine quoting offutt importantly requirement trial criminal case public embodies belief secret judicial proceedings menace liberty public trial rooted principle justice survive behind walls silence sheppard maxwell traditional distrust secret trials oliver nation accepted practice providing open trials federal state courts always recognized safeguard attempt employ courts instruments persecution knowledge every criminal trial subject contemporaneous review forum public opinion effective restraint possible abuse judicial power guarantee moreover ensures judges participants criminal justice system subjected public scrutiny conduct public business prosecuting crime publicity guards miscarriage justice subjecting police prosecutors judicial processes extensive public scrutiny criticism sheppard maxwell publicity serves guarantee fairness trials bring bear beneficial effects public scrutiny upon administration justice cox broadcasting cohn commission crime prosecutions resulting judicial proceedings arising prosecutions without question events legitimate concern public ibid indeed information critical importance type government citizenry final judge proper conduct public business even cases permitted limits courtroom publicity concern prejudicial coverage taken care emphasize publicity judicial proceedings always regarded handmaiden effective judicial administration especially criminal field sheppard maxwell estes texas found true public right informed occurs courts justice stewart author opinion stated dissent estes suggestion limits upon public right know goes courts causes deep concern importance nation attach public trial reflected deep roots english common law seemingly universal recognition country since earliest times oliver decided unable find single instance criminal trial conducted camera federal state municipal history country omitted exception cases semiprivate conduct juvenile proceedings uncover record even one secret criminal trial england since abolition star chamber ibid strong tradition publicity criminal proceedings recognition importance public trial led oliver conclude sixth amendment guarantee public trial applied fourteenth amendment proscribed conviction type secret process issue case concept embodied sixth amendment remains fundamental essential feature system criminal justice federal courts state courts due process clause fourteenth amendment requires criminal cases act conformity provision sixth amendment duncan louisiana argersinger hamlin literal terms sixth amendment secures right public trial accused case accused ones sought waive right public removed pretrial hearing order guard publicity possibly prejudicial urged accordingly hold decision respondents greathouse jones submit private hearing controlling however previously recognized sixth amendment may implicate interests beyond accused barker wingo example unanimously found respect right speedy trial addition general concern accused persons treated according decent fair procedures societal interest providing speedy trial exists separate times opposition interests accused separate public interest led reject rule made defendant assertion right critical factor deciding whether right denied rule depending entirely defendant demand failed take account society particular interest bringing swift prosecutions true provisions sixth amendment singer rejected contention since constitutional right jury trial right accused absolute right tried judge alone considered bench trial advantage rejecting mechanistic waiver approach reviewed history trial jury english common law practice constitution common law indicate accused right compel bench trial although isolated instances right recognized american colonies find general recognition defendant right tried instead jury indeed recognition right difficult understand article iii sixth amendment drafted terms recognized option nothing practice constitution similarly established independent right bench trial held neither jury trial provision art iii sixth amendment empowered accused compel opposite guaranteed specifically constitution singer recognized patton held defendant waive jury trial right held proffered waiver need given effect cases quoting patton observed trial jury established constitution normal preferable mode disposing issues fact criminal cases rejected bald proposition compel defendant criminal case undergo jury trial contrary right fair trial due process rather said defendant constitutional right concerning method trial impartial trial jury ibid accordingly concluded constitution impediment conditioning grant request bench trial upon consent government singer also recognized similar reasoning applicable provisions sixth amendment ability waive constitutional right ordinarily carry right insist upon opposite right example although accused waive right tried state district crime committed cases compel transfer case another district waive right confronted witnesses thereby compel prosecution try case stipulation relevant although defendant circumstances waive constitutional right public trial absolute right compel private trial ibid indeed one case apparently faretta california ever inferred sixth amendment right fairly may termed opposite explicit guarantee faretta found amendment secure assistance counsel defendant criminal prosecution inference also granted right ruling however careful stress followed singer holding ability waive sixth amendment right carry automatic right insist upon opposite inference rights course mechanical exercise inferring existence right mean suggest right arises mechanically defendant power waive right assistance counsel contrary right must independently found structure history constitutional text following approach singer found structure sixth amendment well english colonial jurisprudence amendment emerged established existence independent right thus clear singer barker faretta fact sixth amendment casts right public trial terms right accused sufficient permit inference accused may compel private proceeding simply waiving right right compel private proceeding must independent basis sixth amendment order determine whether independent basis exists examine singer colonial antecedents provision well original understanding sixth amendment basis found turn function public trial system may decide circumstances trial may give effect defendant attempt waive right oliver recognized nation accepted practice guaranteeing public trial accused roots english common law heritage study heritage reveals tradition conducting proceedings public came inescapable concomitant trial jury quite unrelated rights accused practice common law conduct criminal proceedings public early criminal proceedings meetings freemen bound attend pollock expansion common law hereinafter pollock criminal trials compurgation ordeal took place invariably assembled community many required attend holdsworth history english law ed hereinafter holdsworth tradition conducting judicial proceeding like public meeting pollock persisted conquest norman kings introduced england frankish system conducting inquests means jury wherever royal justice introduced jury system accompanied spread rapidly throughout england years holdsworth rapid spread royal courts led replacement older methods trial always public trial jury little procedural change jury trial simply substituted older methods adapted little change possible new position substitution royal justice traditional law served crown interests enlarging king jurisdiction bringing profit fines otherwise king exchequer best way promoting ends develop institution let develop along lines least resistance pollock thus common law inception wedded tradition publicity ancient rul ourts justice public turn strengthened hegemony royal courts soon established administration justice bentham noted accommodation common law practice holding open courts publicity became natural good fortune length inseparable concomitant english justice bentham rationale judicial evidence publicity thus became intrinsically associated sittings royal courts coke noted words curia domini regis king statutum de marleberge ch enacted hen indicated public proceedings coke institutes laws england ed commentary indicate century concept public trial firmly established common law indeed little record secret proceedings criminal civil occurred time known english history apparently even star chamber name linked secrecy conducted hearings private holdsworth nn radin right public trial temp rather unbroken tradition english common law criminal trials conducted openlie presence judges justices enquest prisoner manie come neare heare depositions witnesses given aloude men may heare mouth depositors witnesses saide smith de republica anglorum alston ed light history doubtful tradition publicity ever associated rights accused practice conducting trial public established feature english justice long defendant afforded even rudimentary rights example century preceding english civil war defendant kept secret confinement prepare defense provided counsel either trial given prior notice charge evidence probably call witnesses behalf even means procure attendance witnesses necessarily confronted prisoner document originals required produced rules evidence confessions accomplices admitted regarded specially cogent evidence defendant compelled submit examination stephen history criminal law england yet trial without exception public surprising therefore hale blackstone identifying function publicity common law discussed requirement terms individual liberties terms effectiveness trial process recognized publicity essential trial common law emphasized requirement evidence given open deterred perjury since witness may frequently depose private ashamed testify public solemn tribunal blackstone commentaries see hale history common law england ed similarly recognized publicity effective check judicial abuse since publicity made certain judge partial partiality injustice evident see blackstone commentaries vein bentham stressed publicity effectual safeguard testimony decisions depending soul justice extended every part procedure causes bentham treatise judicial evidence bentham believed publicity effectual safeguard judicial abuse without checks misuse judicial power became ineffectual bentham rationale judicial evidence contended publicity importance administration justice especially criminal cases dispensed even request defendant reason party interested viz public large whose interest might means privacy question sort conspiracy less explicit persons concerned judge included made sacrifice english tradition concerning public trials sixth amendment provision grew made shreds english legal history early state constitutional statutory provisions see faretta california dissenting opinion describing right pieced together produce desired result whatever may said historical analysis sixth amendment provisions history reveals unbroken tradition english common law open judicial proceedings criminal cases publicity one tradition rate persisted changes times development modern common law pollock see jenks book english law ed evidence criminal trials sort ever conducted private common law whether request defendant objection strong evidence public trial developed procedural rights routinely afforded accused widely perceived serving important social interests relating integrity trial process exist apart conceivably opposition interests individual defendant accordingly find support commonlaw antecedents sixth amendment provision view guarantee public trial carries correlative right compel private proceeding english view public trial early transplanted american colonies largely influence writers whose views shaped early american legal systems coke institutes read american colonies virtually every student law klopfer north carolina citation needed establish impact hale blackstone colonial legal thought early colonial charters reflected view open proceedings essential quality justice cast concept public trial terms characteristic system justice rather right accused indeed first provision appear america spoke terms right public accused attend trials publick courts justice tryals causes civil criminal person persons inhabitants said province may freely come attend said courts hear present tryals shall passed justice may done corner covert manner concessions agreements west new jersey ch xxiii quoted schwartz bill rights documentary history hereinafter schwartz practice conducting judicial proceedings criminal cases public took firm hold american colonies evidence colonial conducted criminal trials behind closed doors recognized right accused compel private trial neither evidence casting concept terms right accused signaled departure practice granting accused power compel private proceeding first provision speak public trial entitlement accused apparently ix pennsylvania declaration rights said prosecutions criminal offences man hath right speedy public trial see schwartz provision borrowed almost verbatim virginia declaration rights adopted earlier year one change word public added virginia declaration provided accused hath right speedy trial see doubtful adding single word pennsylvania intended depart historic practice creating right waivable defendant time declaration rights adopted pennsylvania also adopted constitution providing courts shall open see schwartz evidence pennsylvania departed earlier practice either conducting trials private recognizing power accused compel nonpublic proceeding similarly indication first congress proposing became sixth amendment meant depart practice creating power accused compel private proceeding constitution originally adopted course contain guarantee though several proposed amendments congress along lines virginia declaration new york mentioned public trial see dumbauld bill rights specifically elliot debates ed new york follow virginia language casting right one belonging accused urged rather congress propose amendment providing trial speedy public impartial jury amendments proposed new york quoted elliot debates thus persuaded congress modeling proposed amendment cognate provision virginia declaration many urged merely pennsylvania done namely added word public virginia language without intending thereby create correlative right compel private proceeding indeed light settled practice common law one may also say recognition right difficult understand sixth amendment drafted terms recognized option singer use language faretta california page anyone thought sixth amendment drafted departed principle publicity criminal proceedings undoubtedly debate comment issue none justice story writing adoption sixth amendment within memory living man noted declaring accused shall enjoy right speedy public trial sixth amendment follow established course common law trials crimes trial always public story commentaries constitution consequently find evidence development concept american colonies adoption sixth amendment indicate recognition country england right private proceeding power compel private trial arising ability waive grant public one shall indulge mere mechanical inference phrasing public trial one belonging accused framers amendment must meant accused power dispense publicity thus conclude basis sixth amendment suggested inference also find societal interest public trial exists separately times opposition interests accused cf barker wingo may give effect accused attempt waive right certain circumstances courts scholars common law perceived tradition one serving protect integrity trial guard partiality part concerns generally served public trial today protection perjury publicity provides opportunity publicity offers unknown witnesses make known necessarily serve defendant see wigmore evidence chadbourn rev hereinafter wigmore public interest criminal prosecutions decided truthful complete records interest necessarily coincide accused protection judicial partiality serve defendant true provision serves protect every accused abuses secret tribunals prone defendant may benefit partiality corrupt biased incompetent judge secret trial result favor well unjust prosecution defendant lewis peyton open trials also enable public scrutinize performance police prosecutors conduct public judicial business trials particularly suppression hearings typically involve questions concerning propriety police government conduct took place hidden public view interest part prosecution hiding police prosecutorial misconduct ineptitude may coincide defendant desire keep proceedings private result public interest sacrificed sides public judicial proceedings important educative role well victim crime family victim others suffered similarly others accused like crimes interest observing course prosecution beyond however interest general public observing operation criminal justice system judges prosecutors police officials often elected subject control elected officials main source information officials perform open trial manner criminal justice administered country interest citizens cox broadcasting cohn noted information criminal justice system appears us critical importance type government citizenry final judge proper conduct public business important regard course appearance justice secret hearings though scrupulously fair reality suspect nature public confidence long maintained important judicial decisions made behind closed doors announced conclusive terms public record supporting decision sealed public view cianfrani ability courts administer criminal laws depends small part confidence public judicial remedies respect acquaintance processes deliberations courts wigmore anything impairs open nature judicial proceedings threatens undermine confidence impede ability courts function societal values secured public trial fundamental system justice state federal levels recognized large majority state federal courts considered issue years since adoption constitution indeed constitutional provisions modeled sixth amendment guaranteeing right public trial literally accused widespread recognition provisions serve interests public well defendant therefore conclude due process clause fourteenth amendment insofar incorporates provision sixth amendment prohibits excluding public proceeding within ambit sixth amendment guarantee without affording full fair consideration public interests maintaining open proceeding believe sixth fourteenth amendments require conclusion notwithstanding fact accused seeks close trial considering whether circumstances may conduct criminal proceeding private one must first decide whether sixth amendment applied fourteenth encompasses type pretrial hearing contemplated jackson denno issue case amendment course speaks public trial county new york appeals emphasized exclusion formal trial merits issue apparently belief sixth amendment provision applies less force pretrial proceeding find good reason hold even state may chooses hold jackson denno suppression hearing separate prior full trial sixth amendment provision applies hearing first suppression hearing resembles relates full trial almost every particular evidence presented means live testimony witnesses sworn witnesses subject determination ultimate issue depends cases upon trier fact evaluation evidence credibility often crucial side incentive prevail result role publicity testimonial safeguard mechanism encourage parties witnesses strict conscientiousness performance duties providing means whereby unknown witnesses may become known important suppression hearing full trial moreover pretrial suppression hearing often critical may decisive prosecution criminal case defendant prevails dealt prosecution case serious perhaps fatal blow proceeding often dismissed negotiated terms favorable defense prosecution successfully resists motion suppress defendant may little hope success trial especially confession issue result likelihood guilty plea substantially increased clark cianfrani suppression hearing often judicial proceeding substantial importance takes place criminal prosecution case hearing public excluded one important factual legal issues prosecution respondents greathouse jones considered proceeding conduct police prosecution exposed scrutiny indeed case processed every felony prosecution seneca county say without criticism terminated without trial merits leg doc judicial conference state new york annual report statistic characteristic state federal criminal justice systems whole underscores importance suppression hearing functioning systems issues considered hearings great moment beyond importance outcome particular prosecution motion suppress typically involves case allegations misconduct police prosecution raise constitutional issues allegations kind although may prove unfounded importance public well defendant searches interrogations hearings evaluate take place public hearing therefore usually presents opportunity public learn police prosecutorial conduct allegations responsible public enforcement laws breaking decision suppress often involves exclusion highly relevant evidence decision may generate controversy see bivens unknown fed narcotics agents dissenting opinion important decision made basis evidence argument offered open care see read case may evaluate propriety exclusion factors lead conclude pretrial suppression hearing close equivalent trial merits purposes applying provision sixth amendment unlike almost proceeding apart trial suppression hearing implicates policies require trial public reason loath hold state conduct pretrial jackson denno hearing private objection defendant reason public interest openness judicial proceedings implicated fully accused seeks exclude public hearing accordingly conclude sixth fourteenth amendments prohibit state conducting pretrial suppression hearing private even request accused unless full fair consideration first given public interest protected amendments open trials holds however even assuming sixth fourteenth amendments viewed embodying public right access trials right members public attend preliminary proceedings said demonstrated right attend trials said critical importance suppression hearings systems criminal justice well close similarity form suppression hearing full trial purposes sixth amendment provision pretrial suppression hearing issue case must considered part trial significant sources upon relies concern suppression hearings concern hearings determine probable cause bind defendant trial indictable offences act ch cal penal code ann west supp proceedings critical criminal justice system way hearing close equivalents trial form fact proceedings might held private common law england country detract conclusion pretrial suppression hearings fact grand juries preliminary proceedings coroner inquests common law secret indeed modern suppression hearing unknown common law type objection evidence took place common law takes place today case objections open trial federal requirement conduct suppression hearings prior trial see pinto pierce assume objection made trial made open course public trial unwilling allow temporal factor control whether public able access proceeding also must believe even accused right public pretrial suppression hearing assumes sake argument public right attend trials sixth amendment protects difficult see right extend preliminary proceedings insofar public concerned extend proceedings insofar defendant concerned many precedents upon relies denied public preliminary proceeding accused well public indictable offences act ch alternatively finds right public trial right accused public enforceable interest public trials analysis defendant long prosecution judge agree may surely close full trial merits well pretrial suppression hearing analysis thus allow closed trials well without providing standards insure public right informed occurs courts protected estes texas one unwilling allow trials suppression hearings closed way ensure public interest protected unlike provisions sixth amendment interest adequately protected prosecutor judge conjunction connivance defendant specter trial suppression hearing defendant political party prosecutor judge elected officials perhaps beholden defendant try obtains closure proceeding without consideration substantial public interest stake sufficiently real cause reject suggestion parties given complete discretion dispose public interest see fit decision parties close proceeding circumstance followed suppression vital evidence acquittal bench destroys appearance justice undermines confidence judicial system way subsequent provision transcript might remedy even connivance occurs prosecutors judges may reasons preferring closed proceeding prosecutor seeks obtain conviction free error judge seeks protecting defendant rights may lack incentive assert notion public interest face motion criminal defendant close trial iii time deny publication information learned open proceeding may harm irreparably certain circumstances ability defendant obtain fair trial especially true context pretrial hearing disclosure information determined inadmissible trial may severely affect defendant rights although sixth amendment provision establishes strong presumption favor open proceedings require proceedings held open deprive defendant fair trial held sixth amendment imposes absolute requirement courts open times contrary courts state federal levels recognized exceptions requirement even accused objects exclusion public portion thereof thus clear may exclude unruly spectators limit number spectators estes texas sheppard maxwell held may place restrictions access electronic media particular certain types newsgathering general inside courthouse doors number instances courts gone upheld exclusion public limited periods time examples necessary preserve confidentiality government skyjacker profile bell cert denied necessary effectuate congress determination confidentiality communications intercepted title iii omnibus crime control safe streets act et preserved prior determination communications lawfully intercepted cianfrani need express opinion correctness decisions illustrate courts willing permit limited exceptions principle publicity necessary protect interest importance attach fair trial clear whatever restrictions access sixth amendment may prohibit another context prevent trial restricting access pretrial suppression hearing restriction necessary order ensure defendant denied fair trial result prejudicial publicity flowing hearing see branzburg hayes time however public interest maintaining open courts requires exception rule narrowly drawn comports sixth amendment require accused seeks closure establish strictly inescapably necessary order protect guarantee finding must made first instance course trial detail factors taken account evaluating defendant closure request predict balance struck every hypothetical case accused seeks closure establish however minimum following first provide adequate basis support finding substantial probability irreparable damage right result conducting proceeding public showing depend facts think requires evidence nature extent publicity prior motion close order establish basis trial conclude coverage result harm sought prevented cases involve showing impact jury pool seldom measured exactness information relating size pool extent media coverage pertinent locality ease change venire accomplished searching voir dire instituted protect prejudice relevant also consider extent information sought suppressed already known public extent publication information unknown impact context publicity preceded motion close second accused show substantial probability alternatives closure protect adequately right fair trial one may suggest numerous alternatives think following considered continuance severance change venue change venire voir dire peremptory challenges sequestration admonition jury aba project standards criminal justice fair trial free press standard app draft see nebraska press assn stuart sheppard maxwell one alternatives may adequately protect accused interests relieve need close proceeding advance note suppression hearings alternatives closure exist enable public attend limit dissemination information sought suppressed hearings issues concern much contents confession wiretap nature evidence seized circumstances prosecution obtained material many hearings care conducted public little risk prejudicial information disclosed third accused demonstrate substantial probability closure effective protecting perceived harm significantly prejudicial information already made public might well little justification closing pretrial hearing order prevent disclosure details emphasize trial begin assumption sixth amendment requires suppression hearing conducted open unless defendant carries burden demonstrate strict inescapable necessity closure need representative public demonstrate public interest legitimate genuine public seeks access something mere curiosity trials suppression hearings nature events legitimate public interest public need demonstrate threshold respectability order attend say course take account heightened public interest cases unusual importance community public large prosecution important intensify public interest observing proceedings take interest account warranted also true however public interest intensifies potential prejudice rule right accused fair trial compatible interest public maintaining publicity pretrial proceedings overwhelming majority criminal trials pretrial publicity presents unmanageable threats important right nebraska press assn stuart cases made stand proposition juror exposure information state defendant prior convictions news accounts crime charged alone presumptively deprives defendant due process murphy florida high level publicity necessarily inconsistent ability defendant obtain fair trial publicity largely factual nature beck washington abated time prior trial see stroble california cases found publicity sufficiently prejudicial warrant reversal due process grounds publicity went far beyond normal bounds coverage irvin dowd example barrage adverse publicity defendant offer plead guilty confession several murders burglaries rideau louisiana live pretrial television coverage defendant confession estes texas sheppard maxwell press especially electronic media intruded extent courtroom proceedings semblance decorum sobriety lost see nebraska press assn stuart murphy florida ases relatively rare nebraska press decisions area aken together demonstrate pretrial publicity even pervasive adverse publicity inevitably lead unfair trial ibid cases provide background trial judge must evaluate motion close hearing ground open hearing result publicity prejudicial defendant deprived due process right fair trial stroble murphy beck course sharpened vision hindsight helped see trial fair notwithstanding publicity trial judge faced closure motion difficult task looking future mean suggest egregious circumstances cases estes sheppard closure permissible extent harm defendant fears publicity also speculative considering essential factors trial determines accused carried burden establishing closure necessary sixth amendment barrier reasonable restrictions public access designed meet need restrictions imposed however extend circumstances reasonably require thus might well possible exclude public portions proceeding prejudicial information disclosed admitting portions information accused seeks suppress revealed cianfrani closure temporary ensure accurate record made proceedings held camera public permitted proper access record soon threat defendant right passed thus reject suggestion defendant alone may determine closure occur also reject notion decision whether permit closure hands prosecutor theory representative public interest part public interest observing conduct prosecutor police closely associated provision serves cloak actions associates public scrutiny prosecutor thus may choose close hearing facts warrant moreover prosecutors often elected public strong interest noted observing conduct elected officials addition prosecutor may fear reversal appeal strenuously resists motion defendant close hearing conversely prosecutor may wrap mantle public interest desire disseminate prejudicial information accused prior trial resist motion close circumstances warrant restrictions access thus unwilling commit discretion prosecutor whose misconduct incompetence requirement designed part protect decision whether accused motion close granted final safeguard conclude person removed given reasonable opportunity state objections prior effectiveness order opportunity need take form evidentiary hearing need encompass extended legal argument results delay public need given prior notice closure order considered given time place member public contemporaneously objects provide reasonable opportunity person state objection finally state record findings concerning need closure reviewing may adequately informed iv sixth amendment establishing public right access criminal trial pretrial proceeding also fixes rights press regard petitioner newspaper publisher enjoys right access jackson denno hearing issue case general public petitioner sees hears courtroom may like citizen publish report consistent first amendment course nothing proscribes press reporting events transpire courtroom sheppard maxwell reporters newspaper television radio entitled rights general public access courtroom estes texas always present wish plainly free report whatever occurs open respective media nce public hearing ha held transpired subject prior restraint nebraska press assn stuart petitioner acknowledges seeks greater rights due general public argues sixth amendment aside first amendment protects free flow information judicial proceedings flow may cut without meeting standards required justify imposition prior restraint first amendment specifically petitioner argues first amendment prohibits closure pretrial proceeding except accord standards established nebraska press notice hearing stay pending appeal agree noted case involves restraint upon publication upon comment information already possession public press involves issue access judicial proceeding extent constitution protects right public access proceeding standards enunciated sixth amendment suffice protect right therefore need reach issue first amendment access return exclusion order entered judge depasquale clear judge entered order apparent concern rights defendants suspicion rights threatened hearing public acknowledge concern conclude order justified facts case factual basis upon conclude substantial probability existed open proceeding result harm defendants rights fair trial coverage petitioner newspapers clapp disappearance subsequent arrest prosecution greathouse jones circumspect stories appeared days july august coverage ceased august resume suppression hearing three months later stories appeared largely factual nature reporting restrained free editorializing sensationalism screaming headline lurid photograph overemphasis stories moderate length linked factual developments case petitioner newspapers small circulation seneca county see ante opinion addition counsel respondents stated fact known petitioner prior suppression hearing content confessions tr oral arg prior hearing petitioner learned confessions existence nature physical evidence sought suppressed thus likely openness suppression hearing resulted divulgence additional information made probable greathouse jones denied fair trial record conclude matter law sufficient showing establish strict inescapable necessity supports exclusion order circumstances also justified holding trial substantial probability alternatives closure sufficed protect rights accused said publicity soul justice bentham treatise judicial evidence many ways open judicial processes especially criminal field protect judicial prosecutorial police abuse provide means citizens obtain information criminal justice system performance public officials safeguard integrity courts publicity essential preservation public confidence rule law operation courts rare circumstances principle clash rights criminal defendant fair trial justify exclusion sixth fourteenth amendments require take care determine circumstances exist excluding public hearing otherwise entitled come freely circumstances exist case two six judges heard case new york appeals dissented found order entered county type prior restraint prohibited nebraska press assn stuart affirmed appellate division ground evidence support entry order although dealing access sixth amendment worthy note decisions emphasizing protection afforded reporting judicial proceedings first amendment also point grave concern information relating administration criminal justice widely available landmark communications virginia example noted operation judicial system matter public interest reporting judicial disciplinary proceedings lies near core first amendment nebraska press assn stuart recognized ruthful reports public judicial proceedings afforded special protection subsequent punishment importance free commentary conduct criminal justice system question access sixth amendment aside extraordinary protections afforded first amendment respect reporting judicial proceedings indicate importance attached making public aware business courts administration law problem judge prosecuting attorney alone necessitates active cooperation enlightened public wood georgia see bridges california pennekamp florida fifty protect right public trial one way another constitutional provisions specifically guaranteeing right ala art alaska art ariz art ark art cal art colo art conn art del art fla art ga art haw art idaho art ill art ind art iowa art kan bill rights ky bill rights la art art mich art minn art miss art mo art mont art neb art art art art art ohio art okla art ore art pa art art art art tenn art tex art utah art vt ch art va art wash art va art wis art wyo art addition new hampshire held due process clause constitution pt art requires criminal trials held public martineau helgemoe maryland judicial decision requires open proceedings dutton state md new york statute provides open trials civil rights law art mckinney massachusetts nevada appear state provision public trials see commonwealth marshall mass trial crimes except cases impeachment shall jury words great importance causes heard ordered determined judges kings courts openly kings courts whither persons may resort chambers private places judges judges chambers courts therefore open parties councel attorneys attend orders rules awards judgments made given chambers private places nay judge ordereth ruleth cause chamber though order rule yet offendeth law appeareth doth see smith de republica anglorum alston ed published author contrasting english common law civil law system continent stressed england adjudications open public matter course see also trial john lilburne reported tr similarly solicitor general sir john hawles remarks upon cornish trial tr stated reason matters law transacted publicly person unconcerned well concerned may amicus curiae inform better thinks error justice may done reason trials public person may inform point fact though subpoena truth may discovered civil well criminal matters continuing development england notion publicity years since founding nation casts light upon function publicity system justice example series cases establishing privilege reporting judicial proceedings courts recognized though publication proceedings may disadvantage particular individual concerned yet vast importance public proceedings courts justice universally known general advantage country proceedings made public inconveniences private persons whose conduct may subject proceedings king wright eng see davison duncan el bl eng wason walter important purposes decision daubney cooper eng upheld verdict damages action spectator ejected criminal proceeding magistrate ejected stated one essential qualities justice proceedings public parties may desirous hearing going room place purpose provided interrupt proceedings provided specific reason removed right present purpose hearing going eng see also scott scott haldane earl halsbury although number followed language virginia declaration vermont copied pennsylvania emendation adding word public provision vt declaration rights quoted schwartz however evidence vermont intended depart practice holding public indeed vermont declaration adopted revolutionary legislature haste virtually verbatim repetitio relevant pennsylvania article schwartz thus doubtful adding word public vermont pennsylvania intended alter existing practice nearly every state considered issue recognized public strong interest maintaining open trials cases involved state constitutional provisions modeled sixth amendment right phrased terms guarantee accused see jackson mobley commercial printing lee ark lincoln denver post app state ex rel gore newspapers tyson app gannett pacific richardson haw state beaudoin cox state md app state schmit state keeler mont keene publishing keene district state allen neal state cr state holm wyo several recognized interest constitutional provisions establishing open courts state white smith state del johnson simpson brown state miss edens scripps fulton ohio app state ex rel varney ellis massachusetts appears case precisely point cowley pulsifer mass judicial opinion justice holmes stated chief advantage permitting privilege publication reports judicial proceedings security publicity gives proper administration justice continued privilege access public courts stand reason upon common ground desirable trial causes take place public eye controversies one citizen another public concern highest moment administer justice always act sense public responsibility every citizen able satisfy eyes mode public duty performed ibid see clark stamicarbon american cyanamid cianfrani lewis peyton today cites case public totally excluded trial pretrial suppression hearing see ante indeed almost every case cites general exclusion permitted geise example press members bar relatives friends parties witnesses allowed remain similarly ex rel orlando fay press members bar admitted times state croak la audience composed members public always present beauchamp cahill though recognized trial exclude limited classes spectators certain circumstances held exclude reasonable portion public wanted attend disapproved limited exclusion occur state callahan hogan state ark point cases upheld exclusion public though even exclusions strictly limited periods time exclusions objections defendants surely questionable law today sixth amendment state law well see state schmit commercial printing lee similarly though cites number state statutory provisions says contain limitations public trials cites cases decided provisions excluding public press trials suppression hearings cases exist doubtful indeed appears rather statutes interpreted permit limited exclusion certain groups spectators trial seldom applied result blanket exclusion public press example reeves state applying alabama provision cited ante noted trial excluded among others members press radio television services members bar accord ex parte rudolph similarly applying georgia statute cited courts state excluded among others members press bar moore state indeed moore trial allowed press attend one parties interest excludable upholding constitutionality massachusetts statute permitting exclusion certain cases involving sex crimes judicial noted press excluded statute therefore need reach constitutionality statute circumstances press excluded even statute interpreted permitting exclusion press commonwealth blondin mass evidence provisions cited tribunals excluded members public including press trial suppression proceeding oliver recognized even though cases time allowed limited departures publicity gone far sanction exclusion press since time new york courts case perhaps isolated others departed tradition criminal cases although commentators criticized sixth amendment approach establishing public right access gone find right rooted provision constitution note right attend criminal hearings column rev public access right derived combination first sixth amendments even radin whose ideas area professor wigmore described farfetched wigmore though criticized public access excluded press selected members public trial radin right public trial temple see cases cited supra example commercial printing lee ark arkansas held exclusion public voir dire phase criminal trial violated state constitutional provision even though like sixth amendment literally read favor accused found members public strong interest observing criminal proceedings inasmuch involve crimes society added since courthouses prosecutors judges often defense attorneys paid public funds public every right ascertain personal observation whether officials properly carrying duties responsibly capably administering justice require unusual circumstances right held subordinate contention defendant prejudiced public trial part thereof american bar association standards adopt view public strong interest maintaining openness criminal trials sixth amendment protects interest sixth amendment speaks terms right accused public trial right belong solely accused assert forgo desires defendant interest primarily ensure fair treatment particular case public generalized interest open trials includes concern justice individual defendants goes beyond transcendent reason public trials ensure efficiency competence integrity overall operation judicial system thus defendant willingness waive right public trial criminal case deciding factor important public guard undue favoritism leniency guard undue harshness discrimination aba project standards criminal justice fair trial free press standard app draft footnotes omitted city new york criminal cases terminated dismissal plea guilty leg doc judicial conference state new york annual report courts county courts outside new york city criminal cases disposed dismissal plea guilty noted statistics characteristic criminal justice system across country see generally national institute law enforcement criminal justice law enforcement assistance administration plea bargaining app aba standards take position pretrial suppression hearings within scope sixth amendment provision aba project standards criminal justice fair trial free press standard app draft observation confined cases defendant seeks close hearing ground rights infringed open proceeding express opinion whether proceeding subject command sixth amendment may closed objection defendant need determine interests defendant fair trial may support order closure comments also confined rulings within ambit sixth amendment provision thus express opinion proceedings juvenile otherwise subject requirement sixth amendment see mckeirer pennsylvania plurality opinion suggests public interest served adequately permitting delayed access transcript closed proceeding danger accused right dissipated transcript however always adequately substitute presence proceeding also inherent delay may defeat purpose requirement later events may crowd news yesterday proceeding public view practical matter element time unimportant press coverage fulfill traditional function bringing news public promptly nebraska press assn stuart public access restricted precisely time public interest height bridges california moreover important event judicial election selection prosecuting attorney may occur public ignorant details judicial prosecutorial conduct finally although record kept later release proceeding kept secret impossible know like pressure publicity brought bear parties proceeding