Globe Newspaper Co. v. Superior Court

Globe Newspaper Co. v. Superior Court, 457 U.S. 596 (1982), was a United States Supreme Court case in which the court held that the exclusion of the press and public from a trial is prohibited by the First Amendment unless the exclusion is motivated by a compelling state interest.

Globe Newspaper Co. v. Superior Court
Supreme Court of the United States
Argued March 29, 1982 Decided June 23, 1982
Full case name	Globe Newspaper Co. v. Superior Court, County of Norfolk
Docket no.	81-611
Citations	457 U.S. 596 (more)
Argument	Oral argument
Holding
The exclusion of the press and public from a trial is prohibited by the First Amendment unless the exclusion is motivated by a compelling state interest.
Court membership
Chief Justice Warren E. Burger Associate Justices William J. Brennan Jr. · Byron White Thurgood Marshall · Harry Blackmun Lewis F. Powell Jr. · William Rehnquist John P. Stevens · Sandra Day O'Connor
Case opinions
Majority	Brennan, joined by White, Marshall, Blackmun, Powell
Concurrence	O'Connor
Dissent	Burger, joined by Rehnquist
Dissent	Stevens
Laws applied
U.S. Const. amend. I

Background

Under Chapter 278 Section 16A of the General Laws of Massachusetts, a trial court was required to exclude the press and general public from the courtroom during the testimony of an underaged victim in trials for specified sexual offenses.

During the preliminary proceedings of a rape trial, the trial court ordered the courtroom closed as required by the law. The Globe Newspaper subsequently requested the order be revoked, arguing that it had a First Amendment right to witness the trial. The trial court denied the motion.

Soon after, the Globe sought relief from the Supreme Court of Massachusetts. The request was denied. While an appeal to the full court progressed, the trial continued and resulted in a conviction.

The full court held that the provision was over-applied in the particular case, but did not rule on the merits of the First Amendment claim, awaiting the pending decision in Richmond Newspapers, Inc. v. Virginia. Following the release of that decision, the court held that the exclusions furthered genuine state interests, and that the statue was sufficiently narrowly scoped to be constitutional.

The Globe petitioned the Supreme Court for review.

Opinion of the court

The Supreme Court reversed on appeal.

External links

• Text of Globe Newspaper Co. v. Superior Court, 457 U.S. 596 (1982) is available from: Internet Archive (docket files) Justia Oyez (oral argument audio)

This article incorporates written opinion of a United States federal court. As a work of the U.S. federal government, the text is in the public domain.