Fourth Circuit Upholds Public Access To Civil Complaints

The United States Court of Appeals for the Fourth Circuit upheld the right of reporters (and the public) to prompt access to civil complaints.

Courthouse News brought this action after its reporters could not obtain prompt access to newly filed civil complaints from two Virginia courts. After a four-day bench trial, the district court found that the Clerks of those courts had not made the complaints timely available to the press and public, violating the First Amendment right of access to such documents. Accordingly, the district court granted a declaratory judgment so holding, which the Clerks now appeal. We affirm.

Holding

The press and public enjoy a First Amendment right of access to newly filed civil complaints. This right requires courts to make newly filed civil complaints available as expeditiously as possible. After considering all of the evidence offered at trial, the district court found that the facts of this case demonstrate that the Clerks did not do so, and so violated the First Amendment

Associate Judge Diana Gribbon Motz authored the opinion. (Mike Frisch)