Does the plainly erroneous exclusion of the public from jury selection in a criminal trial seriously affect the fairness, integrity, and public reputation of trial?

QUESTIONS PRESENTED The Constitution requires “public” criminal trials. U.S. Const. amend. VI. The First Amendment and Sixth Amendment guarantee the community and the defendant that criminal proceedings, including jury selection, will be open and accessible to the public. Presley v. Georgia, 558 U.S. 209, 213 (2010) (per curiam); Waller v. Georgia, 467 U.S. 39, 44-45 (1984). This openness “enhances both the basic fairness of the criminal trial and the appearance of fairness so essential to public confidence in the system.” Press-Enterprise Co. v. Superior Ct. of California, Riverside Cnty., 464 U.S. 501, 508 (1984). The erroneous exclusion of the public from trial is a “structural” error that affects the entire framework of the proceeding and prevents the trial from “reliably serv[ing] its function as a vehicle for determination of guilt or innocence.” Arizona v. Fulminante, 499 U.S. 279, 310-11 (1991) (quoting Rose v. Clark, 478 U.S. 570, 577-78 (1986)). The questions presented are: 1. Does the plainly erroneous exclusion of the public from jury selection in a criminal trial seriously affect the fairness, integrity, and public reputation of trial, as the First Circuit holds, or not, as the Second, Third, and Ninth Circuits hold? 2. Does a clear and obvious structural error in a criminal trial necessarily affect the fairness, integrity, and public reputation of the trial? i