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State Secrets, Closed Courtrooms

By: Burgess, Susan | News Media and the Law, Fall 2005 | Article details

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State Secrets, Closed Courtrooms


Burgess, Susan, News Media and the Law


State secrets cases increasingly hinder journalists' ability to report on controversial court cases.

In a growing number of legal cases, courtroom doors are shutting out the public and press in the name of national security. The Bush administration has invoked the state secrets privilege in 23 cases since 2001, shuttering not just documents, but courtrooms, according to OpenTheGovernment.org, a coalition that includes The Reporters Committee for Freedom of the Press. Between 1953 and 1976, the government invoked the privilege in only four cases.

The state secrets privilege, created by the U.S. Supreme Court in 1953 in U.S. v. Reynolds, allows the government to withhold or …

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