The U.S. Supreme Court case Gannett Co., Inc. v. DePasquale involved a dispute over the public and press's right to attend pretrial hearings in criminal cases, specifically one involving two defendants accused of murder in New York state court. The trial judge had closed the pretrial hearing to protect the defendant’s Sixth Amendment rights to a fair trial due to extensive media coverage that could potentially influence jury selection and bias proceedings against them. Media company Gannett challenged this decision, arguing it violated their First Amendment rights and the public's right to open trials under the Sixth Amendment. In 1979, however, the Supreme Court ruled 5-4 in favor of Judge DePasquale stating that neither constitutional amendment guarantees an absolute right for either party or general public access during all stages of judicial proceedings; thus allowing judges discretion on whether or not they should close certain parts of trials when necessary for ensuring fairness towards defendants.

In the dissenting opinion for Gannett Co., Inc. v. DePasquale, Justice Blackmun argued that the Sixth Amendment's public trial guarantee should extend to pretrial proceedings and not just criminal trials themselves. He believed that this right was intended to protect defendants from secret or unjust prosecutions, but also served a broader societal interest in open justice by promoting transparency and accountability within the judicial system. Furthermore, he contended that excluding press and public from such proceedings could lead to potential abuses of power or miscarriages of justice going unnoticed or unchecked. Therefore, he disagreed with the majority's decision which allowed judges discretion in closing pretrial hearings if they deemed it necessary for ensuring fair trials.