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Abstract

In Society of Professional Journalists v. Secretary of Labor, the United States Court of Appeals for the Tenth Circuit dismissed as moot the district court's ruling that recognized a constitutional right of access for the press and the public in Mine Safety and Health Administration ("MSHA") hearings. The court held, sua sponte, that the case became moot in April 1985 when MSHA concluded its investigative hearings into the Wilberg Mine disaster that killed twenty-seven miners near Price, Utah, in December 1984. In holding the case moot, however, the majority gave an unduly narrow interpretation of the "capable of repetition, yet evading review" exception to the mootness doctrine.

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