Press-Enterprise v. Superior Court (TA38) PDF

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Press-Enterprise v. Superior Court (TA38)
Professor: John Bender ...

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JOMC 486 TA 38 30 November 2016

Press-Enterprise V. Superior Court, p. 300 In this case, the question presented is whether petitioner has a First Amendment right of access to the transcript of a preliminary hearing due from a criminal prosecution. The case at hand involves the accused, Robert Diaz, charged with 12 counts of murder and seeking the death penalty. His move to exclude the public from his trial proceedings were justified under the Cal. Penal Code Ann. S868. This code required such proceedings to be open unless this order is in need to be excluded to protect the defendants right to a fair and impartial trial. The petitioner in this case, Press-Enterprise Company, asked that the transcript of the proceeding be released. This case focuses on the Press-Enterprise Test. This test calls for two considerations; whether the place and process have historically been open to the press and general public, and whether public access plays a significant positive role in the functioning of the particular process in question. In conclusion, qualified First Amendment right of access to criminal proceedings applies to preliminary hearings as they are conducted in California. “The standard applied by the California Supreme Court failed to consider the First Amendment right of access to criminal proceedings. Accordingly, the judge of the California Supreme Court is reversed.”...