Secret Courts

This section covers access to courts. Courtrooms traditionally have been open to the public, but judges often close proceedings or seal documents when they feel secrecy is justified. This section also covers state and federal laws governing camera coverage of trials.

Pa. newspapers seek full access to execution

Lilly Chapa | Secret Courts | News | September 28, 2012
News
September 28, 2012

The Pennsylvania Department of Corrections’ protocol for executions violates the First Amendment-based right of public access to judicial proceedings, two local newspapers argued in a lawsuit filed against the agency earlier this week.

Appeals Court bars First Amendment nonprofit from intervening in Apple-Samsung case

Rob Tricchinelli | Secret Courts | News | September 20, 2012
News
September 20, 2012

A federal appeals court earlier this week temporarily resealed exhibits and evidence in a legal battle over smart phones and tablets, staying a trial judge’s order that certain records be released to the public. The court also denied an advocacy group’s attempt to intervene and keep the records open on appeal.

In the highly publicized patent litigation between Apple Inc. and Samsung Electronics Co., news organization Reuters America LLC had filed a motion asking the trial court to unseal certain evidence and trial exhibits.

Appeals court tightens public access to search warrants

Rob Tricchinelli | Secret Courts | News | September 13, 2012
News
September 13, 2012

A federal appellate court held last week that there is no First Amendment right for the media to access police and court documents filed in connection with search warrant proceedings.

Center for Constitutional Rights v. U.S. (Pfc. Bradley Manning court-martial)

September 4, 2012

The Center for Constitutional Rights and a number of other organizations moved to intervene in the court-martial of Pfc. Bradley Manning for access to documents filed in connection with the proceeding. The trial court denied the request, a decision that was affirmed by the military's intermediate appellate court. CCR appealed the ruling to the U.S. Court of Appeals for the Armed Forces, the military's highest appellate court. The Reporters Committee for Freedom of the Press, joined by 30 news media organizations, filed a friend-of-the-court brief in support of CCR's position.

Public interest outweighs confidentiality in Ky. juvenile sexual assault case

Kristen Rasmussen | Secret Courts | News | August 31, 2012
News
August 31, 2012

A Kentucky judge earlier this week granted a local newspaper’s request to unseal records in a juvenile sexual abuse case that sparked widespread support for the victim after she publicly identified her alleged attackers.

Jefferson District Court Chief Judge Angela McCormick Bisig also ruled that all proceedings held in the case will be open to the public and allowed the news media to photograph in the courtroom.

Reporters Committee lauds federal court's ruling that secret Del. court arbitration is unconstitutional

Press Release | August 30, 2012
August 30, 2012
Reporters Committee lauds federal court's ruling that secret Del. court arbitration is unconstitutional

A federal judge in Delaware stood up for the right to be informed about important disputes that may affect public health and safety Thursday when she declared unconstitutional state court rules that allow blanket confidentiality in private arbitration proceedings and records.

Reporters Committee asks Supreme Court to clarify high standard for sealing entire cases, dockets

Press Release | August 27, 2012
August 27, 2012
Reporters Committee asks Supreme Court to clarify high standard for sealing entire cases, dockets

The Reporters Committee for Freedom of the Press has asked the U.S. Supreme Court to hear a case involving a 12-year, blanket sealing order in a criminal case alleging organized crime, racketeering, conspiracy and fraud.

United States v. Roe v. Doe

August 27, 2012

In United States v. Roe, the U.S. Court of Appeals in New York (2nd Cir.) found last year that a court order prohibiting a lawyer from disseminating sealed court records involved in the prosecution of John Doe, an unnamed businessman turned government cooperator, did not violate the attorney's First Amendment rights.

Federal court relies on state secrets doctrine to dismiss several claims in secret surveillance suit

Amanda Simmons | Secret Courts | News | August 16, 2012
News
August 16, 2012

A federal court dismissed nearly all of the claims in a lawsuit challenging the constitutionality of the FBI spying on Muslim Americans, ruling that the government could invoke the “state secrets” privilege to avoid almost all litigation.

Colo. judge upholds majority of sealing and gag orders in Aurora movie theater shooting case

Amanda Simmons | Secret Courts | News | August 14, 2012
News
August 14, 2012

The judge presiding over the fatal Colorado movie theater shooting case granted the release of about three dozen relevant court documents on Monday, but kept many of the records under seal.