Richmond Newspapers v. Virginia, 488 U.S. 555, became the seminal precedent codifying the right of the public and the press to observe court proceedings. “Absent an overriding interest articulated in findings, the trial of a criminal case must be open to the public,” wrote Chief Justice Warren Burger.
Justice William Rehnquist disagreed. “The issue here is not . . . whether any provision in the Constitution may be fairly read to prohibit [closing a court to the public]. . . . Being unable to find any such prohibition in the First, Sixth, Ninth, or any Amendment to the United States Constitution, or in the Constitution itself, I dissent.”
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