State v. Gary Lee Schaefer Herald Ass'n

I do not agree with the majority’s assertion that the unanimity of authority and its reasoning since Press-Enterprise II was decided should be persuasive on the issue of the correct standard for sealing or closure. The reasoning in the first case cited in support of this proposition, In re State-Record Co., 917 F.2d 124, 128 (4th Cir. 1990), simply consists of the statement that the issue had been resolved in an earlier Fourth Circuit case. State-Record Co. also inexplicably1 stated that the standard for the issuance of orders prohibiting potential witnesses, parties and attorneys from…