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

279 Pages·2019·3.993 MB·English

by  Dan Bernstein

“This book, which tells the highly interesting story behind two Supreme
Court precedents, has it all: heinous crimes, protective judges, dogged
journalists, skilled local lawyers, captious Supreme Court justices, and
a very fortunate public that, thanks to the Press- Enterprise, secured
a First Amendment right to attend jury selection and preliminary
hearings.”
— James T. Hamilton, Hearst Professor of Communication at
Stanford University
“Dan Bernstein has written a wonderful account of two landmark
Supreme Court cases that established the right of the press and the
public to attend key phases of criminal court proceedings. Meticu-
lously researched and beautifully written, Bernstein’s book tells the
fascinating story behind these key First Amendment decisions.”
— Erwin Chemerinsky, dean and Jesse H. Choper
Distinguished Professor of Law at the University of California,
Berkeley School of Law
“During the 1970s and 1980s, the U.S. Supreme Court made public
access to criminal court proceedings a constitutional right. . . . Jus-
tice in Plain Sight documents the struggle to achieve those rights and
adds to the public’s understanding of what makes the American jus-
tice system the most transparent and trusted system in the world.”
— Lucy Dalglish, dean of Phillip Merrill College of Journalism
at the University of Maryland
“It is hard to believe that thirty years ago, courts closed their doors to
the press in criminal court proceedings. Dan Bernstein, armed with
local knowledge and extensive research, weaves a gripping narrative
of how that changed. His story is filled with high constitutional prin-
ciples, colorful characters, and frequent peeks behind the scenes at the
Supreme Court of the United States, where the legal landscape changed
thanks to the determination of a small local newspaper publisher.”
— Dennis J. Hutchinson, William Rainey Harper Professor in
the College and senior lecturer in law at the University of Chicago
and author of The Man Who Once Was Whizzer White
“It is meticulously researched, engagingly written, and tells an extraor-
dinarily important and relevant story.”
— Kathleen Cairns, former reporter and editor for Knight-
Ridder and author of The Case of Rose Bird: Gender, Politics, and
the California Courts
“Dan Bernstein’s new book disproves two stereotypes about history:
first, that it’s made only by the famous, and second, that it’s boring.
This is a tale of small-t own heroes, newspaper professionals, and
lawyers who (with one possible exception) would have insisted that
there was absolutely nothing special about them. That they were just
doing their jobs. And yet, purely in the public interest, they fought
and won a years- long battle to keep trials open to the public. The tale
of that legal struggle touches on California history, newspaper culture,
crime and criminal law, legal tactics, Supreme Court politics, and the
oddities of human nature. In Dan’s capable hands, it’s smart, funny,
and above all enlightening.”
— George Rodrigue, two- time winner of the Pulitzer Prize and
president and editor of the Cleveland Plain Dealer
“I simply loved Justice in Plain Sight. It is like a fairy tale with a land-
scape populated by now- extinct beasts: A local newspaper using its
own money to take on prosecutors and judges on behalf of the public
interest. A wise and aggressive newspaper editor, Norman Cherniss,
who wanted to open up court proceedings. And a newspaper owner,
wonderful Tim Hays, who fought all the way to the Supreme Court
and won twice but deflected any credit and avoided the spotlight, as
was his way. . . . For those who want to understand what journalism
can mean to a community, here’s a well-t old story of a very good
newspaper.”
— Donald E. Graham, former publisher of the Washington Post
“With meticulous reporting and a compelling narrative, Dan Bernstein
brings alive the newsroom, courtrooms, and internal deliberations of
U.S. Supreme Court justices in this story of a tenacious newspaper’s
fight more than thirty years ago to open up jury selection and pre-
liminary hearings in criminal cases. As courts and the media today
face political criticism and threats, Bernstein’s story of the paper’s
landmark victories is a timely reminder of how crucial public access
is to the integrity of our judicial system.”
— Marcia Coyle, chief Washington correspondent of the
National Law Journal and author of The Roberts Court:
The Struggle for the Constitution
“A suspenseful, true-l ife legal page-t urner about honest men and
women standing up for freedom. A thoroughly compelling and engag-
ing read.”
— Jonathan Eig, New York Times best- selling author of Ali: A Life
“The doors of America’s courtrooms are open today because one small
newspaper in California refused to let justice take place in secret. Jus-
tice in Plain Sight is a long-o verdue look at the legal fight that changed
the history of the First Amendment.”
— David E. McCraw, vice president and deputy general counsel,
the New York Times Company

Justice in Plain Sight

J U S T I C E
P LA I N
I N
S I G H T
How a Small- Town Newspaper
and Its Unlikely Lawyer
Opened America’s Courtrooms
Dan Bernstein
University of Nebraska Press | Lincoln and London
© 2019 by the Board of Regents of the University of
Nebraska. All rights reserved. Manufactured in the
United States of America.
Library of Congress Cataloging- in- Publication Data
Names: Bernstein, Dan, author.
Title: Justice in plain sight: how a small- town newspaper
and its unlikely lawyer opened America’s courtrooms /
Dan Bernstein.
Description: Lincoln: University of Nebraska Press,
[2019] | Includes bibliographical references and index.
Identifiers: lccn 2018003950
isbn 9781496202017 (cloth: alk. paper)
isbn 9781496211989 (epub)
isbn 9781496211996 (mobi)
isbn 9781496212009 (pdf)
Subjects: lcsh: Newspaper court reporting— United
States. | Press- Enterprise (Riverside, Calif.) | Conduct of
court proceedings— United States. | Free press and fair
trial— United States. | Journalism, Legal— United States. |
United States. Constitution. 1st Amendment.
Classification: lcc kf9223.5 .b47 2019 | ddc
070.4/49347731— dc23
lc record available at https:// lccn .loc .gov /2018003950
Set in Minion Pro by Mikala R. Kolander.
To the memories of Tim Hays and
Norman Cherniss and for
my patient, plain- speaking, and
long- suffering wife, Candia.