Court Sides With West Virginia TV Station Over Records on Top Official’s Firing
Lawyers argued releasing the termination letter constituted an invasion of privacy and that it was protected from public disclosure under an exemption to open records law.
Iowa Agrees To Speed up Access to Civil Court Cases as Part of Lawsuit Settlement
The state of Iowa will provide “contemporaneous” access to newly filed civil court cases to settle a lawsuit that accused the state of delaying access to those filings.
Lawyer Says He Released Videos in Georgia’s 2020 Election Interference Case
The videos were part of evidence, known as discovery, that had been provided to all of the defendants and their attorneys. But they were not publicly available.
Courthouse News Sues Idaho Court, Pushes for Same-day Access to Court Documents
Courthouse News Service, a national news publication that reports on state and federal level legal proceedings, is suing an Idaho court administrator for refusing to provide reporters with same-day access to legal proceedings.
Fourth Circuit Revives Court Access Lawsuit in Maryland
The Fourth Circuit just revived a lawsuit challenging a Maryland statute that prohibits individuals from broadcasting courtroom audio transcripts. Says "lawfully obtained recordings cannot constitutionally be punished ‘absent a need to further a state interest of the highest order.'"
On May 5th, the Massachusetts Supreme Judicial Court — the highest court in Massachusetts — ruled that a virtual suppression hearing conducted via Zoom violated neither the defendant’s Sixth Amendment rights nor the public’s First Amendment right to access court proceedings. Nevertheless, the court reversed the trial judge’s ruling that had rejected the defendant’s motion for a continuance.
Civil Liberties Groups Petition Supreme Court to Unseal “Secret” Surveillance Court Rulings
Most court opinions are made publicly available under the First Amendment so that people can understand what the law is and have trust in the judicial process. That is not the case for the Foreign Intelligence Surveillance Court (FISC) which decides when government agencies can spy on suspected foreign agents, and can sometimes target American citizens as well.
Teacher Guide: Access to Courts and Court Records
Public access to the judicial system is a necessary element in a constitutional democracy. The idea behind “We the People”—the notion that the people are sovereign—assumes that the people govern their institutions. This teachers guide discusses access to courts, including how court access is faring during the COVID-19 crisis; the development of access to criminal trials; the importance of both the First Amendment right of access and the Sixth Amendment right to a public trial; the clash between the First Amendment and the Sixth Amendment concerns over a fair trial; the qualified right of access to civil court proceedings; the dangers of “secret justice”; and cameras in the courts.