In the ruling in the press-enterprise v. riverside superior court case, the justices fashioned a rather complicated test that a judge must apply before he or she can constitutionally close access to the judicial process.
First, determine whether this type of hearing (or document, if access to a court record is involved), has historically been available to the press and public. Then, determine whether press and public access to this hearing will benefit the efficiency of the legal system.
Five-Part to the Press-Enterprise Test:
1. Present a compelling interest that will be jeopardized if the case goes on or if access to the court record is allowed.
2. Persuade the court that there is a strong likelihood that this interest will be jeopardized if the hearing or document is accessible to the press and public.
3. Ask yourself if there are any realistic alternatives to closure that might be able to handle the issue.
4. Make sure the closure is strictly crafted to interfere as little as possible with the journalists' and the public's rights to attend the hearing or view the document.
5. Construct evidence-based conclusions to back up this choice, and create a complete factual record on the closure order that an appellate court can review.
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