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ons took place only after everyone agreed on the record that the testimony would be confidential and sealed pursuant to the Protective Order. Judge Sweet made factual findings on exactly this point, which this Court never questioned in Brown.M325 F. Supp. 3d at 445, 446 (recognizing that Ms. Maxwell
terial should remain sealed to protect Ms. Maxwell's right to a fair trial by an impartial jury. U.S. CONST. amends. V, VI. The decision in Nixon a Warner Communications, Inc., 435 U.S. 589 (1978) shows why. In that case, members of the media moved the district court to release audio tapes admitted into evidence in the tr
ents that were placed under seal and included in protective order. Holdings: The United States District Court for the Southern District of New York, Sweet, J., held that: m news media and journalist could intervene in action; 121 public did not have right of access, either under First Amendment or co
Page: EFTA00020541 →uments may be kept under seal if ... `higher values' in the First Amendment framework so demand."). Further, as the Supreme Court noted in Nixon v. Warner Communications, Inc., 435 U.S. at 589, 98 S.Ct. 1306, "courts have the power to insure that their records are not used to gratify private WESTLAW © 2018 Thomson Reuters
Page: EFTA00020569 →in deciding whether to unseal materials it was important to give weight to the impact on a criminal defendant's right to a fair trial. In Nixon v. Warner Communications, Inc., 435 U.S. 589 (1978), a number of media moved the district court to release audio tapes admitted into evidence in the trial of four of President Ni
Page: EFTA00021865 →n part, Ms. Maxwell needed information concerning any such investigation to assess "the impact on any 5th Amendment privilege." ki. at 2, 4-5. Judge Sweet denied that motion. The day before Ms. Maxwell's deposition, the Court ordered that "[a]ny materials that the plaintiff has with respect to any cri
Page: EFTA00021868 →Entities connected to both Sweet and Warner Communications, Inc.

Jeffrey Epstein
PERSON
Ghislaine Maxwell
PERSON
David Boies
PERSON
Julie K. Brown
PERSON
Virginia Giuffre
PERSONSigrid McCawley
PERSON
Bradley Edwards
PERSON
United States
LOCATIONJane Doe
PERSON
Alan Dershowitz
PERSONJeffrey Pagliuca
PERSONthe Southern District
LOCATIONMartindell
PERSON
Cynthia Nixon
PERSONSecond Circuit
ORGANIZATION
Denver
LOCATIONLoretta A. Preska
PERSON
Southern District of New York
ORGANIZATION
Paul Cassell
PERSON
Scarlett Johansson
PERSON