The judge granted defendants motion to exclude the public

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A nurse was charged with murdering 12 patients by administering massive doses of the heart drub Lidocaine. The judge granted defendant's motion to exclude the public from her preliminary hearing under a state statue that requires such proceedings to be open unless "exclusion of the public is necessary in order to protect the defendant's right to a fair and impartial trial." Following the conclusion of the preliminary hearing, the judge refused a local newpaper's request to release the transcript of the proceedings. The matter went all the way to the state supreme court, which denied the newspaper's request, holding that there is no general First Amendment right to access the preliminary hearings and that under the state statute, if the defendant establishes a "reasonable likelihood of substantial prejudice," then the transcript does not need to be released. Assuming this case goes to the U.S. Supreme Court, how should it decide?

Reference no: EM13468969

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