I. Introduction: Access rights in the jurisdiction

Overview

Tennessee

See, e.g., In re NHC-Nashville Fire Litigation, 293 S.W. 3d 547, 560-61 (Tenn. App. 2008):

As background, we note that Article I, Section 17 of the Tennessee Constitution provides explicitly that "the courts shall be open." Tennessee courts have long recognized that judicial proceedings are presumptively open:

The presumption of openness may be overcome only by an overriding interest based on findings that closure is essential to preserve higher values and is narrowly tailored to serve that interest. The interest is to be articulated along with findings specific enough that a reviewing court can determine whether the closure order was properly entered.

State v. Drake, 701 S.W.2d 604, 607-08 (Tenn.1985) (quoting Press-Enter. Co. v. Superior Court, 464 U.S. 501, 506 (1984)).

The openness of judicial proceedings extends to judicial records. See Knoxville News-Sentinel v. Huskey, 982 S.W.2d 359, 362-63 (Tenn.Crim.App.1998). Indeed, the United States Supreme Court has observed that "the courts of this country recognize a general right to inspect and copy public records and documents, including judicial records and documents." Nixon v. Warner Commc'ns, Inc., 435 U.S. 589 (1978) (footnotes omitted). The Tennessee Supreme Court has described the origins and reasons for the public right to access judicial records:

The public's right to access provides public scrutiny over the court system which serves to (1) promote community respect for the rule of law, (2) provide a check on the activities of judges and litigants, and (3) foster more accurate fact finding. Grove Fresh Distributors, Inc., 24 F.3d at 898. The right of access to judicial proceedings and records was originally justified by common law traditions predating the enactment of the federal Constitution. The common law right of access establishes that court files and documents should be open, unless the court finds that the records are being used for improper purposes. Id. Moreover, the First Amendment to the Constitution presumes that there is a right of access to proceedings and documents which have "historically been open to the public" and which disclosure would serve a significant role in the functioning of the process. Id.

Ballard, 924 S.W.2d at 661. The Tennessee Supreme Court has cautioned that "any restriction on public access [to judicial records] must be narrowly tailored to accommodate the competing interests without unduly impeding the free flow of information." Huskey, 982 S.W.2d at 363. However, the common law right of access to judicial records is not absolute. Nixon, 435 U.S. at 598. "Every court has supervisory power over its own records and files, and access has been denied where court files might have become vehicles for improper purposes," such as promoting public scandal or publication of libelous statements.