Gibson

Once again, a court is presented by one of those tensions, endemic in a free and democratic society, wherein the safety of the court, those required to attend to the court, and the public present at a criminal trial, strains against the defendants’ right to a fair public trial before an impartial jury.

On the basis of information disclosed to the trial court, but not to petitioners, the court determined that in the interest of courtroom safety, all persons, other than jurors, attending the trial, will be required to:

It is fair to say that the range and degree of intrusiveness of these measures, though not unique, are extraordinary.

Petitioners, forced to speculate about the nature of the information received by the court, contend that these security measures will prejudice their rights to a fair trial. They argue that due process was denied them by the secret security hearings.

In this opinion we shall not reach the significant constitutional issues surrounding the claims that petitioners will be denied a fair and public trial. We shall not purport to advise the trial court what security measures are appropriate for the information it has received. Instead, we reach…