Matter of United Press Assns. v. Valente

In Matter of United Press Assns. v. Valente (308 N.Y. 71, 84-85, 123 N.E.2d 777 [1954]), the Court held that the press had no independent right to request that the courtroom remain open separate from defendant's right to make either a request for the court to remain open or closed. In fact, our approach to courtroom closure has been comparable to the federal analysis. In imposing such a restraint on the press, the government must show that there is a legitimate governmental interest which outweighs any constitutional right of access by the press and public (see New York Times Co. v. United States, 403 U.S. 713, 715, 29 L. Ed. 2d 822, 91 S. Ct. 2140 [1971] [Black, J., concurring] [government has the burden of proving that governmental interest outweighs the constitutional right]).