1. Facts of the Case

In Globe Newspaper Co. v. Superior Court a judge ordered the exclusion of the press and the public during the trial of a defendant accused of the rape of three minors. There was a Massachusetts statute that provided a precedence of exclusion for cases involving minors and sex crimes. The trial ended with the defendant being acquitted, and records were then open to the press and public, but The Globe Newspaper challenged the exclusion to the state supreme court.

2. Legal Issue

The Superior Court was looking at whether the statute of exclusion of the press and public during trials involving minors and certain sex crimes violated the First Amendment.

3. Decision

The Court ruled that the state statute of exclusion was unconstitutional and that it violated the first amendment.

4. Analysis

The court explained that while criminal
court cases are generally open to the public and the press, there are
exclusions to this. However, they explained these exclusions are only if the
closure of the trial is in the interest of the state. Exclusion of an open
court cannot be an attempt to protect a sex victim from further trauma or
embarrassment, or to encourage other victims to come forward. The court also
pointed out that the press has access to the all court testimony after the
trial has ended, so the exclusion doesn’t prevent the press from having the
access to the information and therefore is unnecessary.

5. Questions?

1 .Do you agree with the courts findings?

 

2. Do you think the press should be
excluded from trials involving minors and sexual crimes?

How would you defend your stance to the
question above?

 

3. Do you think minors have the right to a
public trial as adult citizens do, or should there be an exception when
involving minors?