Sour Grapes
Of course we're Fair and Balanced!

2004-06-22

"Remedying the antidemocratic pestilence of court-sanctioned secrecy"



Today's Secrecy News reports on a recent law review article that looks at "court-imposed secrecy in judicial proceedings." From the article's conclusion:




[I]t has become apparent that blindly sealing court records without regard to legitimate public interests has undesirable and sometimes tragic consequences. When courts act, as they habitually do, as active agents in the suppression of information that could otherwise save lives, the integrity of the judicial system must be called into question....



Ideally, the Federal Rules, along with parallel state rules of procedure, should be amended to automatically prohibit the sealing of any court record that reveals liability for a prior and substantial physical or financial injury, or reveals a substantial risk of physical or financial injury to any person. The adoption of the rule proposed in this Note, like any other, may not be perfect; it would, however, go a long way toward remedying the antidemocratic pestilence of court-sanctioned secrecy that currently plagues the judiciary.




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