Chapter 12

Question 1

• The Experience and Logic Test

Answer 1

Used to determine if proceedings should be open
- Has the proceeding historically been open?
- Does openness positively contribute to the judicial process?

Question 2

• The Press-Enterprise Test for Closing Proceeding

Answer 2

1. An overriding interest that is likely to be harmed by openness
2. Substantial probability that harm will occur
3. No reasonable alternatives to closure
4. Closure is narrowly tailored
5. Judge must make findings part of the official record

Question 3

• Presumptively open hearings

Answer 3

Pretrial detention, bail, plea, voir dire, sentencing

Question 4

• Traditionally Closed Proceedings

Answer 4

• Grand juries: always secret
• Some Juvenile Cases
• Summary Jury Trials: Used for settlement

Question 5

Juvenile Courts

Answer 5

Increasing openness for criminal cases involving minors, though inconsistent across states

Question 6

Sexual Assault Victims and Undercover Officers

Answer 6

May be shielded through closed testimony

Question 7

Military Courts

Answer 7

Preseumptively open, but often lack transparency in practice

Question 8

National Security

Answer 8

or classified information can justify closures or redacted documents

Question 9

Generally accessible Documents

Answer 9

Evidence introduced in open court, docket sheets, plea deals

Question 10

Potentially closed Documents

Answer 10

Juror records, settlement agreements, protective orders, discovery documents

Question 11

Cameras and recording

Answer 11

Permitted in nearly all state courts, with rules varying widely. Jurors often cannot be recorded

Question 12

Recording Rules in Federal Courts

Answer 12

Extremely limited access, often up to the discretion of individual circuits

Question 13

Digital Media and portable devices

Answer 13

Some courts allow Twitter, laptops, others ban them, especially in high-profile trials

Question 14

• Bench-Bar-Press Guidelines

Answer 14

• Voluntary cooperation between media attorneys and judges
• Encourage responsible reporting and reduce need for gag orders or closures

Question 15

Richmond Newspapers v. Virginia (1980)

Answer 15

Established First Amendment right of public access to trials

Question 16

Press-Enterprise Co. v. Superior Court (1984)

Answer 16

Created the 5-part test for closing hearings

Question 17

Chandler v. Florida (1981)

Answer 17

Affirmed cameras in courtrooms do not inherently violate fair trial rights

Question 18

Juror Anonymity

Answer 18

Courts may restrict press access to juror identities