Abstract
I. Introduction
II. Procedural Constitutional Rights: Procedural Due Process … A. The Application of Procedural Due Process Rights … B. The Scope of the Right … 1. "The private interest that will be affected by the official action" … 2. "The risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards" … 3. "The government's interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail" … C. Procedural Due Process: Conclusion
III. Substantive Constitutional Rights … A. Closed Judicial Proceedings in Criminal Cases as Prior Restraints on News Reporting by the Media … 1. Prior Restraints on Media Reports Concerning Judicial Proceedings in Criminal Prosecutions Are Unconstitutional … 2. Closed Judicial Proceedings in Criminal Cases Constitute Prior Restraints on the Media … B. The Rights of the Public and the Press to Observe Judicial Proceedings in Criminal Cases: The Public Right to a Public Trial … 1. The Right … 2. The Extent of the Right: Pretrial Hearings … 3. The Right: Nebraska … 4. State v. Simants: Contrary Dictum in Nebraska … C. The Media's Right to Gather and the Public's Right to Receive Information … 1. The Right to Gather Information … 2. The Right to Receive Information … 3. The Effect of the Rights to Gather and Receive
IV. Procedural and Substantive Constitutional Rights: The Burden of Proof … A. The Burden Is on Those Who Would Close the Court to Prove That There Are No Less Restrictive Alternatives … 1. Voir Dire … 2. Change of Venire … 3. Change of Venue … 4. Continuance … 5. Enforcement of Courtroom Decorum … 6. Sequestration of Jurors … 7. Judicial Instructions … 8. Control over Courtroom Personnel and Officers of the Court … 9. Mistrials, New Trials, and Reversals … 10. Other "Alternatives" … 11. Less Restrictive Alternatives: Conclusion … B. The Burden Is on Those Who Would Close the Court to Prove That Open Proceedings Would Result in Denial of Defendant's Rights … C. The Burden Is on Those Who Would Close the Court to Prove That the Closing Will Protect Defendant's Rights
V. Conclusion
Recommended Citation
G. Michael Fenner and James L. Koley,
The Rights of the Press and the Closed Court Criminal Proceeding,
57 Neb. L. Rev. 442
(1978)
Available at: https://digitalcommons.unl.edu/nlr/vol57/iss2/9