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In reply to the discussion: Secret law is not law. It is a fundamental breach of the social contract . [View all]leveymg
(36,418 posts)77. No. Records are rarely sealed, except in FISA/nat'l security, and some civil cases by agreement.
Other than the exception made for juveniles, trade secrets, ongoing Grand Juries, classified information, there is a qualified First Amendment right of access. See, [PDF]
Sealing Court Records and Proceedings: A Pocket Guide
www.fjc.gov/public/pdf.nsf/lookup/Sealing...pdf/.../Sealing_Guide.pdf
by RT Reagan - Related articles
Sealing Court Records and Proceedings: A Pocket Guide. 6. National Security. On rare occasions, adjudication of a case requires presenting to the court ...
Essential to the rule of law is the public performance of the judicial
function. The public resolution of court cases and controversies
affords accountability, fosters public confidence, and
provides notice of the legal consequences of behaviors and
choices.
On occasion, however, there are good reasons for courts to
keep parts of some proceedings confidential. Courts will keep
confidential classified information, ongoing investigations,
trade secrets, and the identities of minors, for example.
The public in general and news media in particular have a
qualified right of access to court proceedings and records. This
right is rooted in the common law.1 The First Amendment also
confers on the public a qualified right of access. In 1980, the
Supreme Court held that the First Amendment right of access
to court proceedings includes the publics right to attend criminal
trials.2 The Court suggested that a similar right extends to
civil trials, but they were not at issue in the case.3 Some courts
of appeals have held that the publics First Amendment right of
access to court proceedings includes both criminal and civil
cases.4
function. The public resolution of court cases and controversies
affords accountability, fosters public confidence, and
provides notice of the legal consequences of behaviors and
choices.
On occasion, however, there are good reasons for courts to
keep parts of some proceedings confidential. Courts will keep
confidential classified information, ongoing investigations,
trade secrets, and the identities of minors, for example.
The public in general and news media in particular have a
qualified right of access to court proceedings and records. This
right is rooted in the common law.1 The First Amendment also
confers on the public a qualified right of access. In 1980, the
Supreme Court held that the First Amendment right of access
to court proceedings includes the publics right to attend criminal
trials.2 The Court suggested that a similar right extends to
civil trials, but they were not at issue in the case.3 Some courts
of appeals have held that the publics First Amendment right of
access to court proceedings includes both criminal and civil
cases.4
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Secret law is not law. It is a fundamental breach of the social contract . [View all]
kpete
Jul 2013
OP
yeah, but most Americans are too fat and happy in their illusions that they actually matter
Nanjing to Seoul
Jul 2013
#2
Most Americans are in various stages of denial making it easy for the tyrants. nm
rhett o rick
Jul 2013
#8
No, it isn't a plebiscite on every law, but in a representative democracy a law has to be known.
enough
Jul 2013
#7
this is one point that I don't understand about the surveillance state debate....
mike_c
Jul 2013
#4
Yes, many people live in total deniablity, thinking that the authoritarian state will
rhett o rick
Jul 2013
#69
As Ron Wyden has said, 'if the people knew how they are using the law they would be
sabrina 1
Jul 2013
#5
It should be noted that those decisions were made in a vastly different world.
Romulus Quirinus
Jul 2013
#19
I assume that you are arguing in good faith. I would appreciate it if you would do the same for me.
Romulus Quirinus
Jul 2013
#49
You do realize that this isn't the opinion of the court, but a quote from the amicae curiae brief
Romulus Quirinus
Jul 2013
#52
Here is an article in from Dr. Anthony Clark Arend of Georgetown University
Romulus Quirinus
Jul 2013
#54
According to the ACLU, it is the USA PATRIOT act which enables this level of surveillance, rather
Romulus Quirinus
Jul 2013
#56
Again I have to ask: why do some here trust 10 Repub judges to secretly define privacy?
magellan
Jul 2013
#13
It's debatable if you can even call it "law." It certainly isn't legal, no matter how the courts
leveymg
Jul 2013
#31
The rulings and interpretations are the substance of the law, the statute is just black letter
leveymg
Jul 2013
#66
No. Records are rarely sealed, except in FISA/nat'l security, and some civil cases by agreement.
leveymg
Jul 2013
#77
It appears Obama does not agree and is fighting to keep mysterious redefinitions of our law secret.
Dragonfli
Jul 2013
#58
But it sound like either the whole House or Senate is required to vote on it...
kentuck
Jul 2013
#75