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Symposium—Beyond Prosecution: Sexual Assault Victim’s Rights in Theory and Practice Symposium

The United States Supreme Court has never considered whether there is a First Amendment right for the press and public to attend civil child dependency proceedings.  The Court has, however, determined their right to attend some criminal proceedings.  For instance, the press and public have a right to attend the guilt and sentencing phases of adult criminal trials unless there is a compelling governmental interest in closing the trial, and the closing is narrowly tailored to effect that compelling state interest.  The Court has held that other criminal proceedings——such as the grand jury proceedings, jury deliberations, in camera hearings, and appellate court conferences——are not presumptively open because they have historically been closed and openness lacks sufficient value to the public to overcome the government’s interest in closure.  Although the United States Supreme Court has never determined that there is a First Amendment right of access to civil proceedings like child dependency trials, it has indicated that protecting child abuse victims from the jurogenic psychological damage of testifying in public might be a sufficient compelling interest to support excluding the press and public from such a criminal trial, as long as the closure is narrowly tailored. . . .