The Answer is : B.

The correct answer is choice (B).

The Sixth Amendment provides that [i]n all criminal prosecutions, the accused shall enjoy the right to a ... public trial.” This Sixth Amendment right belongs to the criminal defendant rather than the public. This right is not absolute, but exclusion of the public must be sparingly used. The press has a First Amendment right to attend and to report on the events of a public trial.

Courts frequently close the portion of a sex offense trial when the victim testifies, “especially when the victim is a minor.” Wayne R. LaFave et al., Criminal Procedure § 24.1(b) at 1134 (5th ed. 2009). However, “[i]t does not follow from this . . . that a court may automatically close trials to the public whenever even a minor victim testifies about a sexual assault. Rather, a court should determine on a case-by-case basis whether closure is necessary to protect the state’s compelling interest in the welfare of the victim . . . .” (citations and quotations omitted). Id. at 1135. It would, however, be improper to adopt a standing policy of automatic closure. Thus, choice (C) is incorrect. The court should determine on a case-by-case basis whether closure is necessary.

Choice (A) is incorrect because prosecutors and defendants are not the only parties with constitutionally-protected interests in the proceedings. The public and the press have a First Amendment right to attend the trial in most cases, regardless of any agreement between the prosecution and the defense. Richmond Newspapers v. Virginia, 448 U.S. 555 (1980).

Choice (D) is incorrect because the press’s First Amendment right to attend the trial is not an absolute right.