Press-Enterprise Co. v. Superior Court of Cal., County of Riverside

In Press-Enterprise Co. v. Superior Court of Cal., County of Riverside, 478 U.S. 1, 11, 92 L. Ed. 2d 1, 106 S. Ct. 2735 (1986), the Supreme Court considered the exclusion of the public and press from a preliminary hearing in a criminal case and the denial of requests for transcripts of the proceedings. In setting out and weighing the factors courts should consider, the Court stated the following: In cases dealing with the claim of a First Amendment right of access to criminal proceedings, our decisions have emphasized two complementary considerations. First, because a "tradition of accessibility implies the favorable judgment of experience," we have considered whether the place and process have historically been open to the press and general public. . . . . Second, in this setting the Court has traditionally considered whether public access plays a significant positive role in the functioning of the particular process in question. . . . . . . If the particular proceeding in question passes these tests of experience and logic, a qualified First Amendment right of public access attaches. . . . "The presumption may be overcome only by an overriding interest based on findings that closure is essential to preserve higher values and is narrowly tailored to serve that interest." Id. At 8-9