For more than a quarter of a century, the Supreme Court has repeatedly affirmed the public's First Amendment right to access trials. It is upon this principle — that our legal system be conducted transparently and fairly to both parties — that The News Herald has filed a motion to intervene to prevent a closed courtroom in the civil suit against "Girls Gone Wild" founder Joe Francis.

The lawyers for four women suing Francis have asked U.S. District Judge Richard Smoak for an order banning the media from being present when they testify, or disseminating their images when the case comes to trial in February. They have argued that "the privacy interests of the plaintiffs outweigh any public interest" in the trial and that their anonymity must be maintained.

The attorneys cited details of the case that "are highly sensitive and personal in nature" to the plaintiffs, who were 13 to 17 years old when they were filmed by "Girls Gone Wild" in stages of undress or engaged in sexual activity. All are now adults.

Smoak has yet to rule on the plaintiffs' motion, but said recently that absent a compelling physical or psychological reason from the plaintiffs, he was inclined to keep the courtroom open, noting the federal court is a "public institution."

The News Herald agrees, and our motion to keep the courtroom open is to ensure that the media have access to report information on a judicial proceeding that has generated significant public interest.

There is ample legal precedent to support that position.

In the landmark 1980 case Richmond Newspapers Inc. v. Virginia, the Supreme Court ruled for the first time that the public and the press enjoy a First Amendment right to attend criminal trials. Subsequent cases have helped expand that right. For example, Globe Newspaper Co. v. Superior Court (1982) held unconstitutional a Massachusetts statute that required closed trials during testimony of minors who were victims of sexual abuse.

The high court has yet to rule on whether there is a First Amendment right of access to civil trials. However, lower courts using Richmond Newspapers as a guideline have extended that right to civil proceedings. For example, in Publicker Industries Inc. v. Cohen (1984), the 3rd Circuit Court of Appeals in Philadelphia held that the First Amendment right of access does apply to civil proceedings.

The right to access is not absolute, though, and the courts have made exceptions to close proceedings in order to protect "compelling" governmental interests. These primarily involve safeguarding national security, protecting trade secrets, ensuring the anonymity of juvenile offenders and witnesses, and safeguarding rights of privacy.

Those circumstances should be extraordinary. We do not believe the plaintiffs' interests in the "Girls Gone Wild" case rise to the level where they should trump the public's constitutional right to know. We urge Judge Smoak to keep the courtroom open.

REPRINTED FROM THE PANAMA CITY NEWS HERALD.