News/Media Alliance Joins Amicus Brief Opposing Use of “Hushers” During Voir Dire

On November 4, 2024 the News/Media Alliance joined an amicus brief in Valdez v. United States, in the District of Columbia Court of Appeals, in support of a challenge to the trial court's use of a "husher" which prevented the public from hearing answers given by prospective jurors to questions during voir dire, without making any findings that such a closure of the court was necessary.

The brief, led by the Reporters Committee for Freedom of the Press and signed on by 17 other organizations, urges the court to recognize that the use of "hushers", in the absence of specific findings supporting a partial court closure, is in fact a violation of the First Amendment right to access. The brief argues that the right of the public to an open courtroom in which criminal proceedings may be both observed and heard serves vital public interests, including preserving the public's right to access, the public's confidence in the courts and the ability of the courts to function properly. Additionally, journalists have a special interest in preserving the right to an open courtroom so that they can accurately report on trial proceedings and keep the public informed.