El Vocero de Puerto Rico v. Puerto Rico, 508 U.S. 147, 5 (1993) (per curiam)

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Cite as: 508 U. S. 147 (1993)

Per Curiam

States was canvassed in Press-Enterprise and is controlling here. 478 U. S., at 10-11, and nn. 3-4.

The concern of the majority below that publicity will prejudice defendants' fair trial rights is, of course, legitimate. But this concern can and must be addressed on a case-by-case basis:

"If the interest asserted is the right of the accused to a fair trial, the preliminary hearing shall be closed only if specific findings are made demonstrating that, first, there is a substantial probability that the defendant's right to a fair trial will be prejudiced by publicity that closure would prevent and, second, reasonable alternatives to closure cannot adequately protect the defendant's fair trial rights." Id., at 14.

The petition for certiorari is granted and the judgment of the Supreme Court of Puerto Rico is

Reversed.

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