United States v. Brice
396 U.S. App. D.C. 412
D.C. Cir.2011Background
- Brice, a pimp, sexually exploited under-age girls and adults; convictions for child sex trafficking and related offenses; sentenced to 25 years.
- Two juvenile victims were involved; during investigation two of Brice's juvenile victims were held on material witness warrants and proceedings were sealed.
- Brice was sentenced and later sought unsealing of the material witness records; the district court denied the requests.
- The district court relied on sealed records containing highly private medical and mental health information of the victims to justify closure.
- Brice argued the First Amendment guarantees a right of access to material witness proceedings; the district court denied access after applying the Washington Post framework.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the First Amendment extends to material witness proceedings | Brice asserts a public right of access | Government contends limits on privacy justify sealing | Assumed applicable, but no public right to unseal given privacy interests |
| If a right exists, whether the district court properly applied the Washington Post test | District court failed to show disclosure outweighed privacy harm | Court found compelling interests and no alternatives | District court correctly applied the three-prong test and denied unsealing |
| Whether redaction could have substituted for closure | Redaction would suffice | Redaction not viable due to identifiability of victims | Redaction not viable; closure upheld |
| Alternative legal avenues (statutory, Sixth Amendment, common law) to access | Section 3509(d), Sixth Amendment, and common law provide access | Statutory, Sixth Amendment, and common law claims fail | All arguments rejected; no right to access |
Key Cases Cited
- Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555 (1980) (establishes qualified First Amendment right to access trials and proceedings)
- Press-Enterprise Co. v. Superior Court, 464 U.S. 501 (1984) (voir dire; protective access rules; privacy considerations)
- Press-Enterprise Co. v. Superior Court, 478 U.S. 1 (1986) (preliminary hearings; clear-access standard)
- Globe Newspaper Co. v. Superior Court, 457 U.S. 596 (1982) (juvenile sexual offense proceedings privacy concerns; mandatory closuresinvalidated)
- Washington Post v. Robinson, 935 F.2d 282 (1991) (D.C. Cir. recognizes public access rights to certain judicial records; applies Post test)
- United States v. El-Sayegh, 131 F.3d 158 (D.C. Cir. 1997) (public access to plea negotiations; distinction between completed and uncompleted)