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

Summary

The Supreme Court held that the First Amendment provides a qualified right of public access to preliminary hearings conducted under California law. Closure is permissible only upon specific findings that publicity poses a substantial probability of prejudice to the defendant's fair-trial rights and that reasonable alternatives to closure are inadequate. The Court reversed the California Supreme Court's judgment.

Holdings

1. The controversy was not moot because a challenge to closure of a criminal proceeding is capable of repetition yet evading review.
2. A qualified First Amendment right of public access applies to preliminary hearings as conducted in California.
3. A preliminary hearing may be closed only upon specific, on-the-record findings demonstrating that there is a substantial probability the defendant's fair-trial right will be prejudiced by publicity that closure would prevent and that reasonable alternatives to closure cannot adequately protect that right.

Questions Presented

1. Whether the controversy remained justiciable after the preliminary-hearing transcript was released.
2. Whether the First Amendment creates a qualified right of public and press access to California preliminary hearings.
3. What constitutional standard governs closure of a preliminary hearing when closure is sought to protect the accused from prejudicial publicity.

Disposition

reversed