Constitutional Law -- Times Mirror Co. v. United States and a Qualified First Amendment Right of Public Access to Search Warrant Proceedings and Supporting Affidavits

• NCJ Number: 126422
• Journal: Notre Dame Law Review Volume: 65 Issue: 4 Dated: (1990) Pages: 781-802
• Author(s): R J Brantman; S K Martinsen
• Date Published: 1990
• Length: 22 pages
• Publication Format: Article
• Publication Type: Best Practice/State-of-the-Art Review
• Language: English
• Country: United States of America

Annotation

A revised two-prong test should be applied to search warrant materials and other proceedings that have relatively short histories.

Abstract

The Supreme Court has required judicial proceedings to satisfy the two-prong test in order for the public to have a qualified first amendment right of access to them. Applying the current two-prong test to warrant proceedings, the Ninth Circuit correctly held that the public does not have a qualified first amendment right of access to search warrant proceedings and materials while a pre-indictment investigation is underway. The evidence does not reveal a historical tradition of openness, and therefore, search warrant materials do not satisfy the "historical openness" prong of the two-prong test. Furthermore, the interests in favor of access do not significantly outweigh the burdens of access. Therefore, search warrant materials do not satisfy the "significant positive role" prong of the two-prong test. 170 notes