The Sixth Amendment guarantees criminal defendants the right to a speedy and public trial before an impartial jury in the district where the crime was committed. It says nothing about either the press or the public. Discuss how the Supreme Court has interpreted the Sixth Amendment’s application to the press and public.

Question

What will be an ideal response?

Answer 1

Answers should include the following points: (1) Members of the press generally are viewed as equivalent to members of the public, with the same rights and limitations on their access. (2) The Sixth Amendment right of access provides some right of public access to criminal trials, and the First Amendment protects some right of media and public access to trials. (3) The media have no special rights of access and media harms may be punished or avoided through judge’s rulings (either limits on cameras or press seats or contempt citations) that also may apply to the public. (4) Media coverage may introduce special harms to trials (disruption and prejudice and shifting behavior of participants) that judges have a responsibility to address. (5) Decisions about restrictions on press reporting on information gained in open court/records
run headlong into the First Amendment. Overt bans generally are unconstitutional. (6) When media or public disruptions of the courtroom or prejudicial impacts on participants threaten a fair trial, judges have an obligation to protect the fair trial. This is an unclear and difficult decision.