From our private database of 33,800+ case briefs...
Detroit Free Press v. Ashcroft
United States Court of Appeals for the Sixth Circuit
303 F.3d 681, 2002 WL 31317398 (2002)
Deportation proceedings, which are adversarial in nature and may lead to consequences including the expulsion of noncitizens from the United States, have historically been open to the public. Following the terrorist attacks on September 11, 2001, Chief Immigration Judge Michael Creppy, under the authority of United States Attorney General John Ashcroft (defendant), issued a directive (the Creppy directive) that categorized certain immigration cases as special-interest cases. The Creppy directive required that deportation proceedings and records in special-interest cases be closed and inaccessible to the press and the public. Immigration Judge Elizabeth Hacker conducted a bond hearing in a special-interest deportation case, to which the press and others in the public sought and were denied attendance. Three newspapers, including the Detroit Free Press (the newspapers) (plaintiffs), filed requests for an injunction against enforcement of the Creppy directive in federal district court, arguing that the blanket closure of special-interest cases was unconstitutional. The newspapers argued that whether a right of access existed should be decided under the standard for judicial proceedings. The government argued that deportation hearings were administrative and so the more deferential standard for determining the right of access to administrative proceedings should apply. The government further argued that closure of deportation hearings was necessary to serve the compelling government interest in protecting the investigation of terrorism. The district court granted the injunction, finding that blanket closure of special-interest case proceedings was unconstitutional, and that the government did not provide sufficient evidence to justify total closure of special-interest deportation hearings. The government appealed.
Rule of Law
Holding and Reasoning (Keith, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 606,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 606,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 33,800 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.