(citing Clark v. United States, 289 U.S. at 12-13). Common human experience dictates that one's candor may be compromised when one fears that his or her thoughts and comments revealed during the deliberation process may be revealed to the public immediately upon rendering a verdict and being discharged. The problem is further intensified if jurors may be repeatedly importuned by persistent and tenacious reporters inquiring into the specifics of the deliberations.
"Applying the Supreme Court's test of 'experience and logic' thus leads . . . not to a facile answer, but to a quandary." United States v. Edwards, 823 F.2d 111, 116 (5th Cir. 1987), cert. denied, 485 U.S. 934, 99 L. Ed. 2d 270, 108 S. Ct. 1109 (1988). On the one hand, the identity of jurors being known to the public is an historical attribute of the jury system serving the laudable function of allowing "the public to verify the impartiality of the key participants in the administration of justice." In re Globe, 920 F.2d at 94. On the other hand, the secrecy of jury deliberations is also an historical attribute of the jury system serving the equally laudable purpose of ensuring free and frank discussions among jurors without fear of reprisal, judgment, embarrassment and/or harassment following the rendering of the verdict. Id. at 95. Such freedom of debate is necessary for the fair administration of justice in all cases pending and in all cases yet to be born.
"A federal judge is not the mere moderator of a jury trial; he is its governor for the purpose of insuring its proper conduct." Harrelson, 713 F.2d at 1117. Thus, the trial judge is accorded broad discretion to ensure the fair administration of justice throughout a trial. Journal Publishing Co. v. Mechem, 801 F.2d 1233, 1236 (10th Cir. 1986) (noting that trial courts have a wide discretion in being able to protect the judicial process from influences that pose a danger to effective justice). Such discretion allows the trial judge to draw from the law in combination with his common experience in making decisions concerning evidentiary issues, extent of cross-examination, as well as the handling of jurors. Harrelson, 713 F.2d at 1117. The fair administration of justice in this instance requires that the Court not promote one interest at the expense of the other, but rather make the proper accommodation between the two interests so that they both may flourish.
B. The Necessary Accommodation of Competing Interests
1. Unsealing of the Voir Dire
Toward this end the Court will unseal the unredacted transcript of the jury voir dire. The Court does so in furtherance of ensuring that the "constitutionally protected 'discussion of governmental affairs' is an informed one," Globe Newspaper Co. v. Superior Court, 457 U.S. 596, 605, 73 L. Ed. 2d 248, 102 S. Ct. 2613 (1982) and in recognition of the notion that "public access to criminal trials permits the public to participate in and serve as a check upon the judicial process." Id. at 606. The release of the voir dire which discloses personal information about the jurors, including their names and addresses, will allow for the necessary public scrutiny of the Antar trial. The public scrutiny will in turn "enhance the quality and safeguard the integrity of the factfinding process" as a whole. Id. at 606; see also United States v. Brooklier, 685 F.2d 1162, 1167 (9th Cir. 1982) (noting the importance of public scrutiny of the jury selection process to the effective functioning of the government as well as the judicial system itself).
2. Narrowly Tailored Restrictions
The right to gather news, however, is not absolute. Zemel v. Rusk, 381 U.S. 1, 17, 14 L. Ed. 2d 179, 85 S. Ct. 1271 (1965). Nor does it guarantee journalists access to sources of information not available to the public generally. Branzburg v. Hayes, 408 U.S. 665, 684, 33 L. Ed. 2d 626, 92 S. Ct. 2646 (1972). The Court cannot shut its eyes and ears to the inevitable reality that will flow from the release of the transcripts. This Court need not hold a factual hearing to determine that once the members of the press obtain the names and addresses of the jurors they will contact the jurors and inquire of the jurors, at least in part, about the discourse that occurred in the jury room. See Harrelson, 713 F.2d at 1117 (recognizing that the trial judge did not need to hold a hearing merely to confirm matters of common knowledge). Not only is this conclusion supported by common experience, but since the initial request for the names and addresses of the jurors, counsel for the AP has made no secret of the press' intent to inquire, at least in part, into the internal deliberations of the jury. The Court finds that granting the press unconditional access to the jury would present a substantial threat to the administration of justice by endangering the deliberative process.
Accordingly, the Court finds it necessary and proper to place limitations on the extent and nature of such questioning. Such limitations are necessary to preserve the interests of promoting the secrecy of jury deliberations and protecting jurors from harassment should members of the press become overzealous in their quest for that which they have no particular right to know. Accord Harrelson, 713 F.2d at 116 (noting that in connection with preventing the substantial threat to the administration of justice, "jurors, even after completing their service, are entitled to privacy and to protection against harassment").
a. Promoting of Juror Privacy
In this regard, it is beyond dispute that a juror has no obligation to talk to anyone about any aspect of the Antar trial. Each and every juror may, if he or she so chooses, refuse to offer any comment to anybody about any aspect of the case. As counsel for the Star-Ledger conceded at oral argument, even jurors have a right not to be harassed. Recognizing the persistency and tenacity which characterizes any good reporter, the Court finds it necessary to state explicitly, that repeated requests to a juror for an interview or for specific information are strictly prohibited. In other words, once a request for an interview from a specific juror is made and refused by that juror, no other request may be made by the requesting party or by anyone related to or in privity with that party in any way, shape or form. Moreover, once a juror expresses a desire to conclude an interview already in progress, the interviewer must immediately cease all questioning of that juror.
These rules of the game do not impede the press' ability to exercise its First Amendment right to question a juror who is ready and willing to talk. These rules simply balance the public's First Amendment right of access to the names and addresses of the jurors against the competing and deserving right of the juror to choose not to be interviewed and to remain free from harassment.
b. Maintaining Secrecy of Jury Deliberations