In Gannett Co. v. DePasquale Justice Stewart framed the issue before the United States Supreme Court as follows: "[W]hether members of the public have an independent constitutional right [under the sixth amendment] to insist upon access to a pretrial judicial proceeding, even though the accused, the prosecutor and the trial judge all have agreed to the closure of that proceeding in order to assure a fair trial."
Boyd, Honorable Justice Joseph A. Jr. and Lehrman, Paul A.
"When, If Ever, Should Trials Be Held Behind Closed Doors?,"
Nova Law Review: Vol. 5
, Article 3.
Available at: http://nsuworks.nova.edu/nlr/vol5/iss1/3