Spalding traces the roots of American progressives to German thinkers who believed in the "Administrative State." Here, government is controlled by administrators and "experts," rather than officials elected to represent the people. Spalding also notes that the Founders and the progressives differed in their view of the Constitution. Progressives believed in a "...
Gannett Co., Inc. v. DePasquale (1979)
In this case, a news media company sued Judge Daniel A. DePasquale for excluding members of the press during the pre-trial hearing. Gannett Co. argued that removing the press from a trial constituted a violation of the Sixth Amendment right to a public trial, among other issues.
Justice Potter wrote the majority opinion of the Supreme Court for this case, explaining that members of the press did not have a constitutional right to attend pre-trial hearings, or even ordinary trials for that matter. Leaning heavily on Common Law traditions, Justice Stewart explained that the entire notion of a public trial was meant to protect the accused from the state. Justice Stewart explained this fact clearly and bluntly by saying, 'For there exists no persuasive evidence that, at common law, members of the public had any right to attend pretrial proceedings; indeed, there is substantial evidence to the contrary.'"