Globe Newspaper Co. v. Superior Court For The County Of Norfolk

457 U.S. 596 (1982)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P unsuccessfully attempted to gain access to a rape trial. The criminal defendant had been charged with the forcible rape and forced unnatural rape of three girls who were minors at the time of trial. The trial judge had ordered the courtroom closed. P moved that the court revoke this closure order, hold hearings on any future such orders, and permit P to intervene 'for the limited purpose of asserting its rights to access to the trial and hearings on related preliminary motions.' P sought injunctive relief from a justice of the Supreme Judicial Court of Massachusetts. P's request for relief was denied. Before Globe appealed to the full court, the rape trial proceeded and D was acquitted. Nine months after the conclusion of the criminal trial, the Supreme Judicial Court issued its judgment, dismissing P's appeal. The court concluded that §16A required the closure of sex-offense trials only during the testimony of minor victims; during other portions of such trials, closure was 'a matter within the judge's sound discretion.' P then appealed to the Supreme Court. Following the decision in Richmond Newspapers, the Court vacated the judgment of the Supreme Judicial Court and remanded the case for further consideration in light of that decision. On remand, the Supreme Judicial Court upheld its prior ruling. The Supreme Court granted certiorari.