Confidentiality and Public Access to Judicial Records & Proceedings

Judicial records and proceedings are presumptively open to the public and the press by the First Amendment and the common law. Nevertheless, there are circumstances under which that presumption can be overcome. This course will examine the First Amendment and common law rights of access to judicial records and proceedings. It will also examine circumstances under which access might be limited or denied.

1. Appreciate the nature and scope of the First Amendment and common law rights of access
2. Discuss when and to what extent the right of access might be limited or overcome
3. Recognize proofs necessary to overcome the right of access