Sealing Court Records and Proceedings: A Pocket Guide, Robert Timothy Reagan, Federal Judicial Center, 2010
right of access is rooted in the First Amendment or only in
the common law. It may be a rare situation in which the need
for confidentiality is strong enough to outweigh the commonlaw
right of access, but the need for confidentiality is not compelling
enough to overcome the First Amendment right of access
and the court has determined that the First Amendment
does not apply to the proceeding or record. On the other hand,
some courts of appeals have said that appellate review of sealing
decisions under the First Amendment is more searching
than appellate review of sealing decisions under the common
law.”
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