Vindicating the Public’s Right of Access to Court Records

Court filing on behalf of Free Law Project in response to a takedown order issued in a sealed federal case

In September 2020, Free Law Project was named in a sealing order out of the Southern District of New York which would have required us to block access to content from Free Law Project’s CourtListener.com. The Samuelson Clinic represented Free law Project in pushing back on this order. The letter brief argued, among other things, that Free Law Project should not be bound by the Court’s removal order under Rule 65 of the Federal Rules of Civil Procedure because it was a non-party that obtained the case materials independently and had no opportunity to be heard, and because the First Amendment protects Free Law Project’s right to publish information it lawfully obtained. In the end, the Court agreed, vacating the takedown order and unsealing the case.

Media Coverage

Victory For Public Access to Court Documents

Free Law Project Dec. 30, 2020

Legal Filings

Southern District of New York