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Courthouse News Service v. Yamasaki

RCFP and 25 media organizations filed an amicus brief in support of Courthouse News Service’s challenge to delays in access to newly filed civil complaints in Orange County Superior Court. After the district court entered final judgment against CNS, CNS appealed to the 9th Circuit. The amicus brief argues that the First Amendment right of access attaches to civil complaints at the time of their filing, which in an electronic-filing court is at receipt. The brief also argues that the proper test for evaluating delays to the right of access is strict scrutiny, rather than a time, place, or manner analysis, but even under TPM analysis, the delays in Orange County Superior Court are unconstitutional.