Also known as: First Amendment rights of access · right of access · public access right
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional guarantee under the First Amendment that affords the public and press presumptive access to criminal trials and certain pretrial proceedings. Courts may close such proceedings only upon specific findings that an overriding interest requires closure and that the closure order is narrowly tailored.
Finn Fletcher stood trial for murder in a state court. The judge cleared the courtroom of all spectators and reporters during the testimony of two eyewitnesses after the defense requested privacy. The order contained no findings of an overriding interest and no consideration of alternatives such as partial closure or protective orders.
Fatou Fall, a reporter for a local newspaper, received a grand jury subpoena demanding the identity of a confidential source who had provided information about labor violations at a restaurant. Fall refused to disclose the source and moved to quash the subpoena on First Amendment grounds.
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Fabian Flynn faced trial on charges involving a minor victim. The trial judge ordered the courtroom cleared during the victim's testimony under a statute requiring automatic exclusion of the public whenever a minor testified in a sex-crime case. No case-specific findings supported the blanket closure.
Farah Fox, a newspaper reporter, requested permission to interview specific inmates inside a state prison to report on conditions. Prison officials denied the request, citing security concerns, and offered no opportunity for interviews beyond those available to the general public.
Fumiko Fujimoto sought to attend voir dire in a high-profile criminal case. The trial judge closed the entire voir dire proceeding to the public and press to protect juror privacy, without exploring alternatives such as in-camera questioning of only sensitive jurors or the use of pseudonyms.
Francois Fortier, publisher of a local newspaper, challenged a trial court order prohibiting publication of certain facts about a pending criminal case. The order sought to prevent prejudicial publicity but contained no findings that less restrictive measures would fail to protect the defendant's fair-trial rights.
A court must make specific findings that closure is essential to preserve an overriding interest and that the closure order is narrowly tailored, after considering reasonable alternatives.
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Yes. The right applies to voir dire in criminal cases, and a trial court cannot close the proceeding without demonstrating a compelling interest and considering alternatives.
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No. The press enjoys no constitutional right of access to government facilities such as prisons beyond the access afforded to the general public.
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A court may close a preliminary hearing only upon findings that closure is essential to preserve a higher interest and that the order is narrowly tailored after considering alternatives to complete closure.
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…other official bodies gathered in executive session, and the meetings of private organizations. Newsmen have no constitutional right of access to the scenes of crime or disaster when the general public is excluded, and they may be prohibited from attending or publishing information about trials if such restrictions are necessary…