Press-Enterprise II Standard

In asserting a right of access to a judicial proceeding or other trial-like proceeding, two issues must be considered:

(1) whether the place and process has historically been open to the press and general public; and

(2) whether public access plays a significant positive role in the functioning of the particular process in question.

If a right of access exists, the judge can only deny access based on specific findings demonstrating that “closure is essential to preserve higher values and is narrowly tailored to serve that interest.”