First Amendment Lawsuit Against Cook County Circuit Court Not Appropriate in Federal Court
The Seventh Circuit Court of Appeals reversed a district court's injunction against the Cook County Circuit Court Clerk that ordered the Clerk to provide immediate access to all court filings to a news service. Courthouse News Service v. Brown (7th Cir. Nov. 13, 2018).
Courthouse News Service had filed the federal lawsuit against the Cook County Circuit Court claiming that the Court violated its First Amendment rights when it failed to provide immediate access to newly filed complaints. The district court ruled in its favor and issued an injunction ordering the Circuit Court Clerk to implement a system that would provide access to newly filed complaints contemporaneously with the Clerk's receipt of those complaints.
On appeal, the Seventh Circuit Court of Appeals reversed the injunction granted by the district court. Although the Seventh Circuit did acknowledge that the First Amendment protects the right to access, the Court determined that federal courts should not be deciding whether state courts have violated a right of access. In sum, the Court held that the district court should not have exercised jurisdiction over this dispute, and the case should be heard in state court.
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