Matter of Associated Press v. Bell

In Matter of Associated Press v. Bell (70 N.Y.2d 32 [1987], the Court of Appeals found that the First Amendment right-of-access was applicable to suppression hearings. The Court held that this right-of-access is not, however, absolute. "A defendant who asserts that his right to a fair trial may be compromised by an open proceeding bears the burden of supporting that contention. In order to override the qualified right to access of the public and the press, and close the courtroom, there must be specific findings . . . demonstrating that first, there is a substantial probability that the defendant's right to a fair trial will be prejudiced by publicity that closure would prevent and, second, reasonable alternatives to closure cannot adequately protect the defendant's fair trial rights' " (Matter of Associated Press v. Bell, supra at 39.)