SOON AFTER SEPTEMBER 11, the Bush administration did things that annoyed the news media. One was to adopt a policy by which the deportation hearings of aliens the government believes “might have connections with, or possess information pertaining to, terrorist activity against the United States” would be automatically closed to the press and the public.

News organizations in Michigan and New Jersey challenged the policy as a violation of the First Amendment. In August, the 6th U.S. Circuit Court of Appeals sided with the press. Last week, the 3rd U.S. Circuit Court of Appeals supported the government. The issue may be taken up by the Supreme Court soon.