Legal Opinion
Brentrup v. Culkin
New York Supreme Court
Decided November 30, 1995Published
1Opinion of the Court
OPINION OF THE COURT
David B. Saxe, J.
The right of the public and the press to attend court proceedings is generally a constitutional entitlement (see, US Const 1st Amend; NY Const, art I, § 8; Richmond Newspapers v Virginia, 448 US 555, 580-581 [1980]; Matter of Associated Press v Bell, 70 NY2d 32, 37 [1987]). The press’s constitutional right of access is not absolute, however; it must be based upon a finding (1) that the forum or type of proceeding has been historically open to the public and (2) whether public access plays a significant positive role in the functioning of the process in…
2Cases cited10 opinions
- Richmond Newspapers, Inc. v. VirginiaSupreme Court of the United States · 1980
- Press-Enterprise Co. v. Superior Court of Cal., Riverside Cty.Supreme Court of the United States · 1984
- Press-Enterprise Co. v. Superior Court of Cal., County of RiversideSupreme Court of the United States · 1986
- Westchester Rockland Newspapers, Inc. v. LeggettNew York Court of Appeals · 1979
- Associated Press v. BellNew York Court of Appeals · 1987
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