Ninth Circuit delivers sweeping victory to news service
In a mother lode opinion coming after years of litigation, the Ninth Circuit denied Idaho's bid to cloak its new court filings in darkness and gave powerful backing to the free discussion of government affairs.
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LampLighter
Joined 2013/04/13Visited 2026/09/05
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... A three-judge panel on the highest federal court in the Western states ruled that Idaho had violated the First Amendment by enforcing a "process-first" policy that resulted in a blackout of new court pleadings when they are received. In clear and undiluted language, the Ninth Circuit addressed and rejected the arguments against public access advanced by Idaho and other states in fighting cases brought by Courthouse News. "The right of public access to judicial proceedings ensures that the individual citizen can effectively participate in and contribute to our republican system of self-government. The right therefore falls within the heart of the First Amendment's coverage," wrote Judge Margaret McKeown. The challenge by Courthouse News started five years ago and landed in front of U.S. District Court Judge David Nye who ruled in favor of Courthouse News after months of depositions and document-gathering as well as written and oral arguments in his courtroom in Boise. He issued an injunction ordering the Idaho courts to stop withholding access. It was put on hold while Idaho appealed his ruling. With the Ninth Circuit decision Wednesday, his injunction kicks to the "on" position. ...
In clear and undiluted language, the Ninth Circuit addressed and rejected the arguments against public access advanced by Idaho and other states in fighting cases brought by Courthouse News.
"The right of public access to judicial proceedings ensures that the individual citizen can effectively participate in and contribute to our republican system of self-government. The right therefore falls within the heart of the First Amendment's coverage," wrote Judge Margaret McKeown.
The challenge by Courthouse News started five years ago and landed in front of U.S. District Court Judge David Nye who ruled in favor of Courthouse News after months of depositions and document-gathering as well as written and oral arguments in his courtroom in Boise.
He issued an injunction ordering the Idaho courts to stop withholding access. It was put on hold while Idaho appealed his ruling. With the Ninth Circuit decision Wednesday, his injunction kicks to the "on" position. ...
#1 | Posted by LampLighter at 2026-09-05 03:40 PM | Reply
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