Globe Newspaper Co. v. Superior Court - 457 U.S. 596, 102 S. Ct. 2613 (1982)

Rule:

Although the right of access to criminal trials is of constitutional stature, it is not absolute. But the circumstances under which the press and public can be barred from a criminal trial are limited; the state's justification in denying access must be a weighty one. Where the state attempts to deny the right of access in order to inhibit the disclosure of sensitive information, it must be shown that the denial is necessitated by a compelling governmental interest, and is narrowly tailored to serve that interest.

Facts:

Appellant, Globe Newspaper Co., sought access to a rape trial where the alleged victims were minors. The trial court denied access, relying on Mass. Gen. Laws ch. 278, § 16A (1981). Appellant challenged the exclusion order, and ultimately, after the trial had resulted in the defendant's acquittal, the Supreme Judicial Court of Massachusetts construed the Massachusetts statute as requiring, under all circumstances, the exclusion of the press and public during the testimony of a minor victim in a sex-offense trial. Appellant challenged the judgment of the Supreme Judicial Court of Massachusetts. 

Issue:

Did Mass. Gen. Laws ch. 278, § 16A (1981), as construed by the Massachusetts Supreme Judicial Court, violate the First Amendment? 

Answer:

Yes.

Conclusion:

Mass. Gen. Laws ch. 278, § 16A (1981), as construed by the Massachusetts Supreme Judicial Court, violated the First Amendment as applied to the states through the Fourteenth Amendment, because it was not drawn narrowly enough to meet the state's interests. The Court held that as compelling as the interest in safeguarding the well-being of a minor was, it did not justify a mandatory closure rule, because the circumstances of the particular case could affect the significance of the interest. The Court held that the interest could be served by requiring the trial court to determine on a case-by-case basis whether closure was necessary. Also, there was no evidence the rule would lead to an increase in the number of minor sex victims coming forward.