The state of Brunswick enacted a statute providing for the closure of the official state records of arrest and prosecution of all persons acquitted of a crime by a court or against whom criminal charges were filed and subsequently dropped or dismissed. The purpose of this statute is to protect these persons from further publicity or embarrassment relating to those state proceedings. However, this statute does not prohibit the publication of such information that is in the possession of private persons. A prominent businessman in Neosho City in Brunswick was arrested and charged with rape. Prior to trial, the prosecutor announced that new information indicated that the charges should be dropped. He then dropped the charges without further explanation, and the records relating thereto were closed to the public pursuant to the Brunswick statute. The Neosho City Times conducted an investigation to determine why the businessman was not prosecuted, but was refused access to the closed official state records. In an effort to determine whether the law enforcement agencies involved were properly doing their duty, the Times filed suit against appropriate state officials to force opening of the records and to invalidate the statute on constitutional grounds. Which of the following would be most helpful to the state in defending the constitutionality of this statute? 
The fact that the statute treats in an identical manner the arrest and prosecution records of all persons who have been acquitted of a crime by a court or against whom criminal charges were filed and subsequently dropped or dismissed. The argument that the rights of the press are no greater than those of citizens generally. The fact that the statute only prohibits public access to these official state records and does not prohibit the publication of information they contain that is in the possession of private persons. The argument that the state may seal official records owned by the state on any basis its legislature chooses.
Question: The state of Brunswick enacted a statute providing for the closure of the official state records of arrest and prosecution of all persons acquitted of a crime by a court or against whom criminal charges were filed and subsequently dropped or dismissed. The purpose of this statute is to protect these persons from further publicity or embarrassment relating to those state proceedings. However, this statute does not prohibit the publication of such information that is in the possession of private persons. A prominent businessman in Neosho City in Brunswick was arrested and charged with rape. Prior to trial, the prosecutor announced that new information indicated that the charges should be dropped. He then dropped the charges without further explanation, and the records relating thereto were closed to the public pursuant to the Brunswick statute. The Neosho City Times conducted an investigation to determine why the businessman was not prosecuted, but was refused access to the closed official state records. In an effort to determine whether the law enforcement agencies involved were properly doing their duty, the Times filed suit against appropriate state officials to force opening of the records and to invalidate the statute on constitutional grounds. Which of the following would be most helpful to the state in defending the constitutionality of this statute? 
A. The fact that the statute treats in an identical manner the arrest and prosecution records of all persons who have been acquitted of a crime by a court or against whom criminal charges were filed and subsequently dropped or dismissed.
B. The argument that the rights of the press are no greater than those of citizens generally.
C. The fact that the statute only prohibits public access to these official state records and does not prohibit the publication of information they contain that is in the possession of private persons.
D. The argument that the state may seal official records owned by the state on any basis its legislature chooses.
Answer: