"The privilege which attaches to the publication of the proceedings of the Courts of justice rests on the foundation that the law of this land is administered publicly and openly, and its administration is at once subjected to, and protected by, the full and searching light of public opinion and public criticism. The openness and publicity of our Courts forms one of the excellences of our practice of the law, and admits of exception only in rare cases of such a character that public morality requires that the proceedings should be in camerd wholly or in part. This openness and publicity was at one time peculiar to the law of England. Barrington, in his observations on the statutes, and speaking of our open Courts, says : "I do not recollect to have met in any of the European laws with an injunction that all causes should be heard 'ostiis apertis,' except in those of the republic of Lucca. In Scotland, by a statute of William and Mary, all causes must be tried with open doors, rape and the like being excepted." And Mr. Emlyn, in his preface to his edition of State Trials, says : " In other countries the Courts of justice are held in secret; with us publickly and in open view; there the witnesses are examined in private, and in the prisoner's absence; with us face to face, and in the prisoner's presence.""
January 1, 1970
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