by giladedelman Mon Sep 13, 2010 11:56 pm
Thanks for the question.
The citizen argues that arousing the public interest is inconsistent with ruling that an open trial is not in the public interest. But he uses the term "public interest" in two very different senses. In the first case, it refers literally to the public's interest, that is, to the public's being interested in something. In the second case, on the other hand, "public interest" more closely means "that which is in the best interests of the public."
So (B) is correct; the argument does trade on the ambiguity in the term "public interest."
(C) is incorrect, on the other hand, because the citizen's argument doesn't depend on the judge having made the plea to the public. The citizen doesn't specify who "they" are, he merely says that this group -- which includes the judge and whomever else -- made a plea and then closed the trial to spectators. What is at issue is whether these two actions are inconsistent, not whether a particular individual is guilty of inconsistency.
(A) is incorrect. The argument is about this particular case; it doesn't generalize.
(D) is incorrect because there are no sensationalistic appeals.
(E) is out of scope. Where do "the public's right to know" and "fair trial" enter into this argument?
Does that clear this one up at all? I'm with you, it's a strange question.