This section contains the nature of the case and procedural background.

Diaz, a nurse, was charged with 12 counts of murder. A preliminary hearing was held, and Diaz moved to exclude the public from the proceedings. This motion was unopposed, and the Magistrate granted the motion. Press-Enterprise Co. (P) asked that the transcript of the proceedings be released. The Magistrate refused and sealed the record. His reasoning was that there was a substantial likelihood that the publicity would prejudice Diaz' right to a fair trial. The court of appeal and the state supreme court affirmed. The United States Supreme Court granted review.

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