In the Matter of United Press Associations, Appellants, Against Francis L. Valente

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that section 4 of the Judiciary Law does not create a private, enforceable right for members of the public to compel admission to a courtroom, and therefore the exclusion order was proper. The Court based its decision on the statutory history, the limited exception added in 1879, and the principle that the public trial guarantee is primarily for the benefit of the accused. The opinion notes a dissent and a concurrence that disagree with the majority’s interpretation of the statute.