The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Tuesday, February 19, 1980
Decision: Wednesday, July 2, 1980
Issues: First Amendment, Miscellaneous
Categories: criminal, freedom of assembly, freedom of speech, freedom of the press

Advocates

J. Marshall Coleman (on behalf of Virginia, et al)
Marshall Coleman (Argued the cause for the appellees)
Laurence H. Tribe (Argued the cause for the appellants)

Facts of the Case

After a series of mistrials in a murder case in the state of Virginia, a trial judge closed the trial to the public and the media. Defense counsel brought the closure motion; the prosecution did not object. Two reporters of Richmond Newspapers, Inc. challenged the judge's action.

Question

Did the closure of the trial to the press and public violate the First Amendment or the Sixth Amendment?

Conclusion

In a 7-to-1 decision, the Court held that the right to attend criminal trials was "implicit in the guarantees of the First Amendment." The Court held that the First Amendment encompassed not only the right to speak but also the freedom to listen and to receive information and ideas. The Court also noted that the First Amendment guaranteed the right of assembly in public places such as courthouses. The Court emphasized that "certain unarticulated rights" were implicit in enumerated guarantees and were often "indispensable to the enjoyment of rights explicitly defined."

Supreme Court Justice Opinions and Votes (by Seniority)

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Decision: 7 votes for Richmond Newspapers Inc., 1 vote(s) against
Legal Provision: Amendment 1: Speech, Press, and Assembly
Did not participate
Powell
Wrote the judgment of the Court
Burger
Wrote a special concurrence
Brennan
Wrote a special concurrence
Stewart
Wrote a regular concurrence
White
Voted with the majority, joined Brennan's concurrence
Marshall
Wrote a special concurrence
Blackmun
Wrote a dissent
Rehnquist
Wrote a regular concurrence
Stevens
Judgment of the Court by Chief Justice Warren E. Burger

Cite this page

The Oyez Project, Richmond Newspapers Inc. v. Virginia, 448 U.S. 555 (1980),
available at: <http://www.oyez.org/cases/1970-1979/1979/1979_79_243/>
(last visited ).