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EAGLE-TRIBUNE PUBLISHING CO. v. CLERK-MAGISTRATE OF THE LAWRENCE DIV. OF THE DISTRICT COURT DEP'T.

448 Mass. 647 (2007)

EAGLE-TRIBUNE PUBLISHING COMPANY v. CLERK-MAGISTRATE OF THE LAWRENCE DIVISION OF THE DISTRICT COURT DEPARTMENT & others.

Supreme Judicial Court of Massachusetts, Suffolk.

March 28, 2007.

Attorney(s) appearing for the Case

Peter J. Caruso (Peter J. Caruso, II, with him) for the plaintiff.

Maura D. McLaughlin, Assistant Attorney General, for the defendants.

Robert J. Ambrogi, for Massachusetts Newspaper Publishers Association, amicus curiae, submitted a brief.

Present: GREANEY, SPINA, COWIN, & CORDY, JJ.

COWIN, J.

In this appeal, we consider whether there exists under the First Amendment to the United States Constitution a right of public access to "show cause" hearings that precede the initiation of criminal proceedings in certain cases. We conclude that there is not.2

Background. For purposes of the present appeal, the facts are not in dispute. In October, 2005, a twenty year...

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