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· 2/22/1989

Globe Newspaper Company v. Daniel F. Pokaski, Etc.

Citations

  • 868 F.2d 497
  • 16 Media L. Rep. (BNA) 1385
  • 1989 U.S. App. LEXIS 1930
  • 1989 WL 13239

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that time, place, and manner restrictions “need only be reasonable to survive First Amendment scrutiny”
  • indicating that a statute that restricts public access to judicial records in criminal cases by “placing] on the public the burden of overcoming inertia” is impermissible
  • explaining that courts must determine whether the state has selected the “least restrictive means of promoting its objective”
  • noting that right applies to records in cases ending in acquittal, dismissal, nolle prosequi, or a finding of no probable cause, but does not extend to records in cases where grand jury opts not to indict
  • rejecting blanket sealing rule on ground that case-by-case evaluation of defendants’ sealing requests represented a viable less restrictive means
  • adopting “as the appropriate standard the traditional compelling interest/least restrictive means test” to its analysis as to whether to close criminal court records

Source: CourtListener parenthetical corpus (CC0).

Judges: Coffin, Torruella, Timbers

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.