The origins of the media's constitutional right to access news began in the 1972 Supreme Court case of Branzburg v. Hayes, 408 U.S. 665 (1972). Of particular significance for law enforcement, the Court ruled that the media had no constitutional right of access to the scenes of crime or disaster when the general public is excluded. Courts consider two questions in determining the scope of media access: (1) Is it predicated on a historical tradition of openness and will it play a positive role in the functioning of the criminal justice process? and (2) Is the particular law enforcement function or activity so important to the effective functioning of society that it may on balance be shielded from both the press and the public? Law enforcement officials should plan operations with the media's potential interest and presence in mind. A successful media relations policy must balance legitimate law enforcement interests and the public's desire for information. 30 footnotes.