Press-Enterprise
II Standard
In asserting a right of access to a judicial proceeding or other
trial-like proceeding, two issues must be considered:
(1) whether the place and process has historically been open to the
press and general public; and
(2) whether public access plays a significant positive role in the
functioning of the particular process in question.
If a right of access exists, the judge can only deny access based on
specific findings demonstrating that “closure is essential to preserve
higher values and is narrowly tailored to serve that interest.”