Court records

In re Nat'l Opiate Prescrip. Litig.

November 13, 2018

RCFP and a coalition of 36 media organizations filed an amicus brief in support of HD Media Company and the Washington Post in In re National Prescription Opiate Litigation in the Sixth Circuit.  The brief urged the Sixth Circuit to vacate the district court's protective order, which bars hundreds of public entity plaintiffs in a multi-district litigation from disclosing key historical opiate prescription data that they received from the Drug Enforcement Administration during discovery.  In this litigation, approximately 1,300 mostly governmental entities--including at least six states and hundreds of cities, counties, and Native American tribes--have sued the pharmaceutical manufacturers, distributors, and pharmacies for their role in the national prescription opiate crisis. 


Colorado Independent v. District Court

October 26, 2018

The Reporters Committee and 47 media organizations filed an amici brief in support of The Colorado Independent's petition for cert to the U.S. Supreme Court in a case addressing whether a qualified First Amendment right of access applies to criminal court records.

Perry v. Hollingsworth

August 8, 2018

The Reporters Committee and 35 media organizations filed an amicus brief in support of Intervenor-Appellee KQED, Inc., which is seeking access to a video recording of the 2010 trial before the Northern District of California over the constitutionality of Proposition 8.  The district court ordered that the videotape recordings could be released in 2020, unless, at that time, the proponents of sealing can show a compelling reason, narrowly-tailored, that would justify keeping them under seal.  The proponents appealed to the 9th Circuit.

Comments on E.D. Texas Local Rule Amendments in General Order 17-24

November 30, 2017

The Reporters Committee submitted comments to the Eastern District of Texas regarding proposed local rule amendments in General Order 17-24.  The Reporters Committee commented on proposed Local Rule CV-5(a)(7)(E), concerning procedures for sealing of judicial records.  The comments highlighted the strong presumptions of public access to court records under the First Amendment and common law.  The comments urged the Court to revise its proposed rule to make clear that parties who wish to file judicial records under seal must file a motion to seal in all circumstances and that judicial records cannot be filed under seal absent a court order that makes specific findings that the presumptions of access have been overcome.

Courthouse News Service v. Yamasaki

October 10, 2017

RCFP and a coalition of media organizations filed an amicus brief in support of Courthouse News Service's appeal of the denial of its motion for a preliminary injunction to require the Orange County Superior Court to provide it with timely access to newly filed civil complaints. The amicus brief argues that the First Amendment creates a right of timely access to civil complaints that requires that access be contemporaneous with their filing. In addition, the brief argues that timely access to civil complaints benefits the public and that CNS's profit motive and readership are irrelevant to the determination of the First Amendment right of access.

Nat'l Veterans Legal Services Program v. United States

September 5, 2017

The Reporters Committee and 17 media organizations filed an amicus brief in a case over excessive court fees, emphasizing the importance of unfettered access to electronic court records to the press and the public because the news media uses electronic court records to inform the public about matters of public concern. The brief also argues that limiting PACER fees to the cost of dissemination is consistent with First Amendment values, and PACER fees in excess of those permitted by the E-Government Act of 2002 hinders journalists and the public from accessing court records.

Courthouse News Service v. Planet

March 22, 2016

Courthouse News Service (CNS) has asked the U.S. District Court for the Central District of California to grant a motion for summary judgment in a case CNS filed against the Ventura County Superior Court over policies the court instituted that delay access to newly filed civil complaints. As part of its business model, CNS has a team of reporters that regularly review and report on complaints the day they are filed. CNS’s ability to inform the public about important judicial actions is hindered when its reporters cannot access complaints in a timely manner. The Reporters Committee and 12 other media organizations, writing in support of CNS's motion for summary judgment, argued that a First Amendment right of access attaches to civil complaints immediately upon the document’s submission to the court. Additionally, the Reporters Committee stressed that timeliness is a fundamental element of newsworthiness.

Grand jury secrecy comes at a cost

Tom Isler | Secret Courts | News | January 13, 2015
January 13, 2015

Two new lawsuits are challenging the continued secrecy of the grand jury investigations related to the deaths of Michael Brown in Ferguson, Mo., and Eric Garner in Staten Island, N.Y. The suits demonstrate just how secret the information gathered by a grand jury is, while also making a compelling case for the public interest in greater access.

Courthouse News Service v. Planet

November 7, 2014

Courthouse News Service (CNS) filed a federal lawsuit against a California state superior court for delaying access to newly filed unlimited civil complaints for days or weeks. CNS argued that the First Amendment provides a right of access to civil complaints that attaches immediately upon filing, and its reporters should be able to inspect newly filed civil complaints the day they are filed. A federal district court granted the defendant-court's motion to dismiss, finding that the type of access requested was not required under the First Amendment. The Reporters Committee and 25 other media organizations argued that a First Amendment right of access attaches to civil complaints when they are filed. The brief argued that the public has a right to know what matters are occupying space on court dockets and consuming public resources, and that complaints reveal a wealth of information about how citizens use the judicial branch.

Delaware Supreme Court dismisses appeal in Al Jazeera contract sealing case

Bradleigh Chance | Secret Courts | News | June 5, 2014
June 5, 2014

The Delaware Supreme Court dismissed an appeal this week of an order requiring Al Jazeera to file an almost completely unredacted version of its complaint against AT&T from a 2013 contract dispute.

Despite having both parties file briefs and deliver oral arguments, the high court threw out the appeal without explaining why.