Keywords
Civil Law, Constitutional Law, Courts, Criminal Law, First Amendment, Jurisdiction, Privacy Law, State and Local Government Law
Abstract
This Comment argues that a broad presumption of public access to court documents is essential to preserving the legitimacy and constitutional values of the American legal system. Although the principle of public access is rooted in common law and constitutional tradition, individual states differ in how they approach transparency in the context of court documents. These jurisdictional inconsistencies continue to gain significance, as the digital age has completely transformed the way people consume information. The increasing digitization of court records has heightened the need for consistent and constitutionally grounded standards that preserve transparency while adequately protecting legitimate privacy interests. Florida’s approach, which is grounded in the Florida Constitution’s guarantee of access and applied through the Florida Supreme Court’s decision in Barron v. Florida Freedom Newspapers, Inc., uses a structured analysis derived from First Amendment principles. In contrast, New York’s approach is based on a common-law presumption of openness and a statutory “good cause” standard. This approach lacks analytical structure and affords trial judges broad latitude, leading to inconsistency within its application. Through comparing the two frameworks, this Comment contends that Florida’s approach more effectively and uniformly protects transparency while also balancing countervailing privacy interests. This Comment concludes that Florida’s approach provides a structured and effective model for other states navigating the complicated public access issues posed by the digital age.
Recommended Citation
Taylor Quimby, No Justice Without Transparency: The Case for a Broad Presumption of Public Access to Court Documents, 21 FIU L. Rev. 395 (2026), https://doi.org/10.25148/lawrev.21.1.12.
Included in
Civil Law Commons, Constitutional Law Commons, Courts Commons, Criminal Law Commons, First Amendment Commons, Jurisdiction Commons, Privacy Law Commons, State and Local Government Law Commons
