II. Rule 3, Section 15 of the Rules of the Nebraska Unicameral Violates the State's Open Meetings Law ... A. Section 84-1408 of the Nebraska Public Meetings Law Applies to the Legislature ... 1. Meetings of the Legislature Are Covered by the Clear Language of the Statute and by the Legislative History ... B. Closing Executive Sessions to the Public Does Not Satisfy the Statutory Requirements to Close a Meeting
III. Rule 3, Section 15 Violates the First and Fourteenth Amendments to the United States Constitution ... A. The First Amendment Secures a Right of Access to Important Government Business ... 1. Historical Precedent Establishes a General Right of the Public to Attend Meetings of Governmental Bodies ... 2. The Need for Open Government Mandates That the Public Should Have Access to Legislative Committee Meetings ... 3. Rule 3, Section 15 Does Not Meet the Globe Newspaper Test ... B. The Equal Protection Clause of the Fourteenth Amendment Guarantees First Amendment Freedoms for all Citizens ... 1. Denial of Public Access to Legislative Committee Meetings Expressly Restricts the Public's Right of Access ... 2. Denial of Public Access Also Places an Incidental Burden on First Amendment Liberties ... 3. The "Press" Has No Constitutional Right to Act as a Public Representative so as to Exclude the Public from Governmental Proceedings
IV. Conclusions and Policy Considerations
Kim M. Robak,
Nebraska Unicameral Rule 3, Section 15: To Whom Must the Door Be Open?,
64 Neb. L. Rev.
Available at: https://digitalcommons.unl.edu/nlr/vol64/iss2/5