Philadelphia Newspapers, Inc. v. Jerome

434 U.S. 241, 98 S. Ct. 546, 54 L. Ed. 2d 506, 1978 U.S. LEXIS 51, 3 Media L. Rep. (BNA) 1750

Opinions

Per Curiam.

The proceedings below were brought to gain access by the press and public to pretrial suppression hearings in three separate state criminal proceedings. Access was denied and the trial judges closed all pretrial hearings and sealed and impounded all papers, documents, and records filed in the cases. The judges also prohibited the parties, their attorneys, public officials, and certain others, from disseminating information concerning the hearings. Appellants then filed petitions for writs of mandamus with the Supreme Court of Pennsylvania. However, these were denied without opinion. Appellants, arguing that they have been denied their federal constitutional rights, now urge us to take appellate jurisdiction of these matters under 28 U. S. C. § 1257 (2).

As matters now stand, the record does not disclose whether the Supreme Court of Pennsylvania passed on appellants’ federal claims or whether it denied mandamus on an adequate and independent state ground. For this reason, we vacate the judgments of the Supreme Court, and remand the cause to that court for such further proceedings as it may deem appropriate to clarify the record. See California v. Krivda, 409 U. S. 33 (1972).

So ordered.