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Public Trial Resources

Resources on the Sixth Amendment right to a public trial. 


 
 Cases  Regulations  Law Review Articles  

Other Legal Sources  News Articles  Videos


CASES

  • Presley v. Georgia, 558 U.S. 209 (2010) (per curiam)

  • Waller v. Georgia, 467 U.S. 39 (1984) 


REGULATIONS

  • 28 CFR § 50.9 - Policy with regard to open judicial proceedings. 


LAW REVIEW ARTICLES

  • Stephen E. Smith, The Right to a Public Trial in the Time of COVID-19, 77 WASH. & LEE L. REV. ONLINE 1 (2020).

  • Department of Justice Journal of Federal Law and Practice, April 1, 2019.

  • Kristin Saetveit, Close Calls: Defining Courtroom Closures, 68 STAN. L.REV. 897 (2016).

  • Stephen E. Smith, The Right to a Public Trial and Closing the Courtroom to Disruptive Spectators, 93 WASH. U. L. REV. 235 (2015).

  • Daniel Levitas, Scaling Waller: How Courts Have Eroded the Sixth Amendment Public Trial Right, 59 Emory L. Rev. 493 (2009).

  • Lance R. Peterson, A First Amendment-Sixth Amendment Dilemma: Manuel Noriega Pushes the American Judicial System to the Outer Limits of the First Amendment, 25 J. Marshall L. Rev. 563 (1992).

  • Goundry, Frederick W. III (1990) "When Can the Courtroom Be Closed in Criminal Proceedings?," University of Baltimore Law Forum: Vol. 21: No. 1, Article 3. 


OTHER LEGAL SOURCES

  • Department of Justice Manual, § 9-5.150. 


NEWS ARTICLES

  • Judge Orders New Trial for Gigi Jordan in Son’s Killing, By Daniel E. Slotnik, The New York Times, September 25, 2020.

  • Coronavirus Containment Collides With U.S. Constitutional Rights, By Jordan S. Rubin, Bloomberg Law, March 31. 2020. 


VIDEOS

Constitutional Conversation: 6th Amendment - Speedy Trial and Public Trial, Impartial Jury​

Listen to scholars at James Madison's Montpelier discuss: How did the Founding Fathers define a speedy trial and why did they address how long it takes to have a trial? What is a public trial and how open should a trial be?


 

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