United States First Circuit

District of Rhode Island's practice of refusing to place legal memoranda in the case file, for public perusal, violates the First Amendment, but in a newspaper's action based on rights of access to specific materials, court's insistence on reviewing each memoranda, before deciding whether it should remain under seal, was not improper.

Appellate Information

• Decided 06/12/2002
• Published 06/12/2002

Judges

• SELYA, Circuit Judge., Before BOUDIN, Chief Judge, SELYA and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Howard A. Merten, with whom Gordon P. Cleary and Vetter & White, Inc. were on brief, for petitioner., Jerry Elmer and Goldenberg & Muri LLP on brief for Rhode Island Affiliate-American Civil Liberties Union, amicus curiae., Lucy A. Dalglish on brief for The Reporters Committee for Freedom of the Press, American Society of Newspaper Editors, The Society of Professional Journalists, Radio-Television News Directors Association, and Newspaper Association of America, amici curiae.


• For Appellees:
  
• William L. Patton, with whom Joan McPhee, Michele T. Perillo, and Ropes & Gray were on brief, for respondent (Hon. Ernest C. Torres).