Richmond Newspapers, Inc. v. Virginia is a Supreme Court case that involves a decision about a man convicted of second-degree murder (the defendant) and reporters from the Richmond Newspapers, Inc. (the plaintiff.) The defendant had gone through three previous trials, one reversed his conviction and the other two were deemed as mistrials. Just before the fourth trial began, the defense council asked the judge to prohibit spectators and journalists from entering the courtroom. Neither the prosecution nor anyone else present object and the judge ordered, citing a state statute, that anyone not directly related to the trial be excluded in order to ensure a fair trial. The plaintiff objected to being restricted from the courtroom and the trial court denied the motion to vacate the order. The state of Virginia’s Supreme Court dismissed an appeal of the ruling and the plaintiff obtained a certiorari from the United States Supreme Court. Legal Issue/Issues Is the right of the public and press to attend criminal trials guaranteed under the United States Constitution? …show more content…
However, this right is not absolute and may be opposed when a judge finds an prevailing interest that cannot be accommodated by less restrictive means. In short, now a reporter cannot be kept out of a criminal trial without proper justification and the right to attend criminal trials was added to the catalogue of implied fundamental rights. This idea is broken down in Justice Brennan’s concurrence into what became the Richmond two-part test. Under this test the Court examines the first prong “experience:” that there should be an enduring and vital tradition of openness in related cases, and the second prong, “logic:” whether public access plays a significant and positive role in the functioning of the particular process. Legal