United States Second Circuit

In a suit under 42 U.S.C. section 1983 brought by organization that advocates for open governmental and judicial proceedings to enjoin a policy requiring third parties to obtain the consent of those contesting notices of violation before a city’s transit adjudication bureau in order to observe such hearings, on the basis that the policy violated the organization's First Amendment right of access to government proceedings, the district court's injunction halting enforcement of the policy is affirmed, where: 1) the organization had standing because it alleged a cognizable interest and both past and imminent injuries to it; 2) the administrative proceedings at issue were subject to a qualified public right of access under the First Amendment; and 3) the policy did not meet the standard for justifying closure.

Appellate Information

• Decided 01/04/2012
• Published 01/04/2012

Judges

• Calabresi

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Christopher Dunn, Richard Schoolman