The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

Free Speech

"The Court's Business Is Done in Public"

"regardless whether the motion [to seal] is opposed or unopposed."


Wise words from Judge R. Brooke Jackson (D. Colo.), I think, in Lecheminant v. City & County of Denver a few weeks ago:

ORDER denying … Unopposed MOTION for Leave to Restrict by Defendant City and County of Denver. Regardless whether the motion is opposed or unopposed, the Court's business is done in the public. The request to restrict the two exhibits is vastly overbroad. At most very specific and limited portions of the exhibits, which are discovery responses, might contain truly confidential information. If you file public versions with only that limited information redacted, the Court will consider restricting access to the full version. By Judge R. Brooke Jackson on 9/22/2021.