Proposed Tennessee court access rule raises constitutional concerns

The Reporters Committee for Freedom of the Press is urging the Tennessee Supreme Court to revisit a recently proposed rule that would violate the public’s constitutional right to access judicial records. 

In written comments submitted to the state’s highest court on Nov. 18, 2025, the Reporters Committee expressed serious concerns with the state court system’s proposal to amend a rule governing the public’s right of access to filings made in state appellate courts. 

The proposed rule describes categories of information that should either be omitted from filings or remain protected from public disclosure and provides a procedure by which certain protected information can be omitted or redacted from public filings. It does not include a requirement that courts provide any explanation detailing why an order to redact or seal records was issued.

In its current form, the Reporters Committee argues, the proposed rule does not comply with the constitutional rights of access pursuant to the First Amendment and Tennessee Constitution. It also raises practical concerns that need to be addressed before the rule is finalized.