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27. Which of the following would be most helpful to the state in defending the constitutionality of this statute?
The newspaper in the state conducted an investigation to determine why the businessman was not prosecuted, but was refused access to the closed official state records. In an effort to determine whether the law enforcement agencies involved were properly doing their duty, the newspaper filed suit against appropriate state officials to force opening of the records and to invalidate the statute on constitutional grounds.
A prominent businessman in the state was arrested and charged with rape. Prior to trial, the prosecutor announced that new information indicated that the charges should be dropped. He then dropped the charges without further explanation, and the records relating thereto were closed to the public pursuant to the state statute.
A state enacted a statute providing for the closure of the official state records of arrest and prosecution of all persons acquitted of a crime by a court or against whom criminal charges were filed and subsequently dropped or dismissed. The purpose of this statute is to protect these persons from further publicity or embarrassment relating to those state proceedings. However, this statute does not prohibit the publication of such information that is in the possession of private persons.
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C is correct. The statute prohibits only the release of the information from the government, but not the publication of the same information or release of the information by private parties, including the press. There is generally no First Amendment right of access to records kept by the executive branch, and here it is only the access to those records and not censorship of the information more generally that the statute accomplishes. Preventing adverse consequences from information about an arrest or charges that are later dropped or dismissed is at least a legitimate state interest, and this measure is closely related to that goal. Therefore, it would be constitutional.
A is incorrect. The challenge raised by the press to compel the opening of the records in question would not be an equal protection challenge.
B is incorrect. Although it is true that the rights of the press are no greater than those of citizens generally, in this case, private citizens would not have the right to access the records in question, either.
D is incorrect. Although it is true that the state may seal its official records based on legislative policy, it may not seal records when sealing them would otherwise violate a provision of the U.S. Constitution.