El Vocero De Puerto RICO (Caribbean International News Corp.), et al. v. Puerto RICO, et al. (508 U.S. 147)
U.S. Supreme Court · decided May 17, 1993 · Supreme Court Database (Spaeth)
- Citation
- 508 U.S. 147 · 113 S. Ct. 2004
- Decided
- May 17, 1993
- Term
- October Term 1992
- Vote
- 9–0
- Issue area
- First Amendment
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
- Constitutional ruling
- State/territorial law held unconstitutional
Opinion excerpt
Per Curiam. Under the Puerto Rico Rules of Criminal Procedure, an accused felon is entitled to a hearing to determine if he shall be held for trial. P. R. Laws Ann., Tit. 34, App. II, Rule 23 (1991). A neutral magistrate presides over the hearing, People v. Opio Opio, 104 P. R. R. (4 Official Translations 231, 239) (1975), for which the defendant has the rights to appear and to counsel, Rules 23(a), (b). Both the prosecution and the defendant may introduce evidence and cross-examine witnesses, Rule 23(c), and the defendant may present certain affirmative defenses, People v. Lebrón Lebrón, 116 P. R. R. (16 Official Translations 1052, 1058) (1986). The magistrate must determine whether there is probable cause to believe that the defendant committed the offense charged. Rule 23(c) provides that the hearing “shall be held privately” unless the defendant requests otherwise. Petitioner José Purcell is a reporter for petitioner El Vocero de Puerto Rico, the largest newspaper in the Commonwealth. By written request to respondent District Judges, he sought to attend preliminary hearings over which they were to preside. In the alternative, he sought access to recordings of the hearings. After these requests were denied, petitioners brought this action in Puerto Rico Superior Court seeking a declaration that the privacy provision of Rule 23(c) violates the First Amendment, applicable to…
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