Question

Can reporters attend pre-trial hearing over the objections of defendants?

Answer 1

Answer: reporters can generally attend pre-trial hearings over the objections of defendants

Step-by-step explanation:

In the United States, reporters can generally attend pre-trial hearings over the objections of defendants. The rules regarding media coverage of court proceedings are typically set by the court, and reporters may need to ask the clerk of the court's office before the trial whether a media list will be available to the public. In high-profile cases, some type of media availability is common for prosecutors and defense lawyers, and rules regarding cameras are set by the court. However, any media interviews must be arranged directly with the lawyers and their clients, and reporters are free to speak to jurors after the verdict is read. The frequency of objections in a trial, whether pre-trial or during the trial, may have more to do with the legal strategies of the parties involved and their plans for the appellate record than the ongoing proceedings

Answer 2

Reporters generally can attend pre-trial hearings and report on them as part of the First Amendment rights, unless the court determines that a closed proceeding is necessary to protect a defendant's right to a fair trial. The Supreme Court has affirmed that while freedom of the press is crucial, it can be limited under certain circumstances to ensure justice and fair proceedings.

Step-by-step explanation:

Reporters can attend pre-trial hearings, even over the objections of defendants, provided the court has not issued a closed proceeding. The First Amendment and the principle of public trials generally allow the press the right to cover judicial proceedings, thus bolstering transparency and accountability within the judicial system. However, the Sixth Amendment safeguards the defendant's right to a fair trial, and if excessive pre-trial publicity negatively impacts this right, a defendant may request a change of venue or closed proceedings to ensure a fair trial. The Supreme Court has stated that the public and media's access may be restricted under certain conditions to protect the defendant's rights or maintain courtroom order. Additionally, the Court ruled in Branzburg v. Hayes (1972) that reporters are not exempt from subpoenas and may have to testify, balancing the freedom of the press with the requirements of justice.