Right of Access
Draft Motion to Get Access to an Interesting (but Sealed) Appellant's Brief in a First Amendment Case
Should an appellate court provisionally seal a brief until the case is heard on the merits? Or should it try to make a redacted version promptly available?
Judges: Need Pro Bono Court-Appointed Amicus to Represent Public Interest as to Sealing/Pseudonymity Requests?
I'm glad to do such things, and to get students involved to give them practical experience.
Media Intervenors' Argument Supporting Unsealing Mar-A-Lago Search Warrant Affidavit
The search warrant and some related materials have been unsealed—but the affidavit is where the details on the justifications for the search would be, and the government has argued this has to remain secret, at least for now.
Government's Argument Against Unsealing Mar-A-Lago Search Warrant Affidavit
The search warrant and some related materials have been unsealed—but the affidavit is where the details on the justifications for the search would be, and the government says this has to remain secret, at least for now.
No Pseudonymity in Disability Discrimination Lawsuit Over State Bar Character & Fitness Inquiry
"[H]arm to one's reputation or injury to one's standing in the community does not warrant a deviation from the strong presumption of public access[.]"
Parties Can't Seal Entire (Settled) Case Despite Risk of "Reputational Damage and Embarrassment"
"[W]e apply the strongest presumption of public access to the Memorandum Opinion issued by this Court ..., which, as an official decision of the Court, is considered the 'quintessential business of the public's institutions,' and is 'core to the transparency of the court's decisionmaking process.''"
Court Allows Sealing of Filings Related to Alleged Federal Prosecutor Misconduct
"There is no question that inaccurate statements were made by the government as part of these proceedings—to both Judge Schroeder and the undersigned"—but it appears that the details of this alleged misconduct remain sealed.
Two Cases Reject Pseudonymity for Porn Copyright Infringement Defendants
The split in the cases grows.
Another Decision Against Sealing Records in Libel Cases
Litigating defamation claims "in secrecy to avoid any potential embarrassment to" their subjects "directly contradicts the presumptive right of public access to pleadings and judicial proceedings."
Ex-Police-Officer Allowed to Proceed Pseudonymously with Due Process and Libel Claim Against City
I lost my motion opposing pseudonymity in the District of New Hampshire, though I'm appealing to the First Circuit.
No First Amendment Problem with Routine Anonymous Criminal Juries
"[I]n this internet age, where jurors' names can trigger lightning-fast access to a wealth of biographical information, including addresses, any slightly positive role in divulging jurors' names to the public is outweighed by the risk to jury integrity."
State Trooper Suing Andrew Cuomo for Harassment Can Be Pseudonymous, Because the Case Is "High-Profile"
The court's view appears to be that, the more public interest in a case, the less the public is entitled to know.
No Pseudonymity or Sealing in "Campaign" by "Serial Litigator" "to Conceal His Litigation History"
"Plaintiff's behavior may make it more difficult for other courts (and the public) to find his litigation history, which could act to conceal future vexatious litigation or behavior."
Rape Victim Asks Court to Retroactively Redact Name from 16-Year-Old Opinion
Court redacts the name from the court-hosted official record, but refuses to order private sites to remove it.
Virginia S. Ct. Declines to Unseal Allegations of Misconduct Against a Virginia Judge
The allegations had been filed in an appendix to a petition the judge filed in the state supreme court, challenging her suspension by the state Judicial Inquiry and Review Commission; but the court concludes they are nonetheless not records open to the public.
