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In Re the State-Record Company, Inc. The South Carolina Press Association the Evening Post Publishing Company the Greenville News-Piedmont Company the Spartanburg Herald-Journal, a Division of the New York Times Company, Inc., in Re the State-Record Company, Inc. The South Carolina Press Association the Evening Post Publishing Company the Greenville News-Piedmont Company the Spartanburg Herald-Journal, a Division of the New York Times Company, Inc.

Citation: 917 F.2d 124Docket: 90-5908

Court: Court of Appeals for the Fourth Circuit; October 16, 1990; Federal Appellate Court

Narrative Opinion Summary

The case involves a legal challenge by South Carolina media outlets against gag orders issued by U.S. District Judges in criminal cases concerning former state legislators charged under the Hobbs Act. The orders sought to prevent public statements by parties and attorneys to safeguard the defendant's Sixth Amendment right to a fair trial, while the media asserted their First Amendment rights to access court records. The trial court's decision to seal documents, based on a 'reasonable likelihood' of prejudice standard, was contested for not meeting the higher 'substantial probability' standard, which requires specific judicial findings and consideration of less restrictive alternatives. The appellate court consolidated the media's appeals, vacating closure orders due to procedural deficiencies and remanding the case for reevaluation under constitutional standards. The court underscored the necessity of balancing the competing constitutional rights by ensuring any closure is narrowly tailored and adequately justified, advocating for collaboration among attorneys to redact sensitive information as a practical solution to preserving the integrity of the trial while respecting public access.

Legal Issues Addressed

Balancing First Amendment and Sixth Amendment Rights

Application: The court aimed to balance the defendant's Sixth Amendment right to a fair trial with the media's First Amendment rights by sealing records while keeping the courtroom open.

Reasoning: The judge expressed concern over the potential for prejudicing jurors due to media coverage... highlighting the conflict between the defendant's Sixth Amendment right to a fair trial and the First Amendment rights of the media.

First Amendment Right to Access Court Records

Application: The case examines the media's First Amendment right to access court records, asserting that this right provides broader access than common law, necessitating a compelling government interest for denial.

Reasoning: Petitioners challenge an order sealing district court records and documents... asserting a First Amendment right to access these records due to their roles in news dissemination, arguing that this right offers broader access than the common law.

Overbreadth in Sealing Orders

Application: The sealing of non-prejudicial information, including previously public documents, without specific factual findings constitutes overbreadth and violates the need for narrowly tailored closure orders.

Reasoning: Many filings likely contain non-prejudicial information, and the sealing of such harmless material... constitutes overbreadth and violates the principle that closure orders must be narrowly tailored.

Procedural Requirements for Closure Orders

Application: Courts must provide specific findings and prior notice to interested parties for closure orders to ensure compliance with constitutional standards.

Reasoning: Courts must also provide prior notice to interested parties and document their reasons for closure.

Standards for Sealing Court Records

Application: The case emphasizes the need for a 'substantial probability' standard when sealing court records, a standard that requires specific judicial findings and considers less restrictive alternatives.

Reasoning: The district court erred by applying the 'reasonable likelihood' standard instead of the 'substantial probability' standard in its decision to seal court records.