Cite as: 541 U. S. 509 (2004)
Opinion of the Court
review. See, e. g., Dunn v. Blumstein, 405 U. S. 330, 336337 (1972); Shapiro v. Thompson, 394 U. S. 618, 634 (1969);
Skinner v. Oklahoma ex rel. Williamson, 316 U. S. 535, 541
(1942). These rights include some, like the right of access
to the courts at issue in this case, that are protected by the
Due Process Clause of the Fourteenth Amendment. The
Due Process Clause and the Confrontation Clause of the
Sixth Amendment, as applied to the States via the Fourteenth Amendment, both guarantee to a criminal defendant
such as respondent Lane the "right to be present at. all
stages of the trial where his absence might frustrate the fairness of the proceedings." Farettav. California,422 U. S.
806, 819, n. 15 (1975). The Due Process Clause also requires
the States to afford certain civil litigants a "meaningful opportunity to be heard" by removing obstacles to their full
participation in judicial proceedings. Boddie v. Connecticut, 401 U. S. 371, 379 (1971); M. L. B. v. S. L. J., 519 U. S.
102 (1996). We have held that the Sixth Amendment guarantees to criminal defendants the right to trial by a jury
composed of a fair cross section of the community, noting
that the exclusion of "identifiable segments playing major
roles in the community cannot be squared with the constitutional concept of jury trial." Taylor v. Louisiana,419 U. S.
522, 530 (1975). And, finally, we have recognized that members of the public have a right of access to criminal proceedings secured by the First Amendment. Press-Enterprise
Co. v. Superior Court of Cal., County of Riverside, 478 U. S.
1, 8-15 (1986).
Whether Title II validly enforces these constitutional
rights is a question that "must be judged with reference to
the historical experience which it reflects." South Carolina
v. Katzenbach, 383 U. S. 301, 308 (1966). See also Florida
Prepaid, 527 U. S., at 639-640; Boerne, 521 U. S., at 530.
While § 5 authorizes Congress to enact reasonably prophylactic remedial legislation, the appropriateness of the remedy
depends on the gravity of the harm it seeks to prevent.