How A Small-town Newspaper And Its Unlikely Lawyer Opened America’s Courtrooms

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Justice in Plain Sight is the story of a hometown newspaper in Riverside, California, that set out to do its job: tell readers about shocking crimes in their own backyard. But when judges slammed the courtroom door on the public, including the press, it became impossible to tell the whole story. Pinning its hopes on business lawyer Jim Ward, whom Press-Enterprise editor Tim Hays had come to know and trust, the newspaper took two cases to the U.S. Supreme Court in the 1980s. Hays was convinced that the public—including the press—needed to have these rights and needed to bear witness to justice because healing in the aftermath of a horrible crime could not occur without community catharsis. The newspaper won both cases and established First Amendment rights that significantly broadened public access to the judicial system, including the right for the public to witness jury selection and preliminary hearings. Justice in Plain Sight is a unique story that, for the first time, details two improbable journeys to the Supreme Court in which the stakes were as high as they could possibly be (and still are): the public's trust in its own government.

Author(s): Dan Bernstein
Publisher: University Of Nebraska Press
Year: 2019

Language: English
Pages: 279
Tags: United States: Constitution: 1st Amendment, Free Press And Fair Trial United States, Journalism: Legal United States

Cover......Page 1
Title Page......Page 8
Copyright Page......Page 9
Contents......Page 12
List of Illustrations......Page 14
Prologue......Page 18
1. “They Can’t Do That, Can They?”......Page 22
2. “You’ll Never See Your Daughter Again”......Page 29
3. Slamming the Door......Page 34
4. The “Thrill-Killer” Nurse......Page 42
5. The Hays-Cherniss Newspaper......Page 49
6. “They Won’t Laugh at You Now”......Page 60
7. “Mr. Everything”......Page 66
8. The Battleground......Page 72
9. Building the Case......Page 91
10. The Diaz Case Advances......Page 108
11. Mr. Ward Goes to Washington......Page 113
12. The Audience of Nine......Page 118
13. “I Will Be Back”......Page 126
14. “The Presumption of Openness”......Page 139
15. A Halt to the “Ominous Progression”?......Page 150
16. Smacked Down Again......Page 160
17. “Expanding the Right of Access”......Page 167
18. Needle in a Haystack......Page 173
19. “The Soil of Openness”......Page 188
20. “Hands over His Face”......Page 196
21. “Safeguard against the Corrupt and Eccentric”......Page 208
Epilogue......Page 215
Acknowledgments......Page 226
Notes......Page 232
Bibliography......Page 262
Index......Page 266