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Saturday, September 05, 2026

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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The US Ninth Circuit rules an Idaho policy restricting public access to new court filings violates the First Amendment, in a case brought by Courthouse News (Bill Girdner/Courthouse News Service) Main Link | Mediagazer Permalink

-- Mediagazer (@mediagazer.com) 8:50 AM · Sep 5, 2026

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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. ...


#1 | Posted by LampLighter at 2026-09-05 03:40 PM | Reply

A Free Press.

What a radical concept in the days of the Trump admin.

#2 | Posted by LampLighter at 2026-09-05 07:21 PM | Reply

Freedom. Liberty. Equality.

All about to be rescinded by the Party of Hate.

#3 | Posted by LegallyYourDead at 2026-09-05 07:56 PM | Reply | Newsworthy 2

Get a gun, shoot a fascist.

Avenge sevenfold.

#4 | Posted by LegallyYourDead at 2026-09-05 07:57 PM | Reply

@#1 ... 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. ...

There is a reason why the First Amendment is the First Amendment.


#5 | Posted by LampLighter at 2026-09-05 08:42 PM | Reply

Get a gun, shoot a fascist.

Avenge sevenfold.

#4 | POSTED BY LEGALLYYOURDEAD AT 2026-09-05 07:57 PM

You should lead by example and go first. It you won't. You could t load a gun to save your own ass.

#6 | Posted by lfthndthrds at 2026-09-05 11:31 PM | Reply

"Get a gun, shoot a fascist."

Oh Good Grief NO!

Shooting the opposition is likely going to be Trump's m.o. as his desperation reaches the boiling over point.

#7 | Posted by Twinpac at 2026-09-06 05:34 AM | Reply

A win for the rule of law side, in contrast to all the wins the law of the jungle Trump gang side has obtained. Still wondering if the courts will protect Oregon's vote by mail elections.

#8 | Posted by Hughmass at 2026-09-06 07:03 AM | Reply

HUGH

Or any other state for that matter. A court order has been issued, and even an extension, but Trump doesn't seem to care about court orders. He just carries on, regardless of the Constitution.

The normal remedy would be to send the U.S. Marshalls with an arrest warrant for contempt of court, but Trump's "bought and paid for" majority in the U.S. Supreme Court has taken care of that option.

#9 | Posted by Twinpac at 2026-09-06 07:36 AM | Reply

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