Reporters Comm. for Freedom of the Press v. United States, No. 22-3326 (8th Cir. 2024)
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The case involves the Reporters Committee for Freedom of the Press, a nonprofit organization that sought to unseal court filings from federal criminal investigations. The District Court in Minnesota dismissed the application for lack of jurisdiction, and the case was appealed to the United States Court of Appeals for the Eighth Circuit.
The Reporters Committee's application aimed to unseal electronic-surveillance filings, which were required to be filed under seal by a local rule. The District Court believed the request was too broad since the majority of the materials requested become unsealed after six months. The court suggested negotiations with the United States Attorney’s Office to reach a solution.
The Reporters Committee subsequently filed an amended application, seeking an order directing the clerk of the court to presumptively unseal warrants and related documents after 180 days and to begin docketing the government’s applications for electronic surveillance regardless of whether a judge granted them. The Committee claimed these duties arose under the First Amendment and the common-law right of access to public records and documents.
The District Court dismissed the application, concluding that the Committee lacked standing because all it had was a “generalized, abstract interest” in unsealing the records. This decision was affirmed by the Appeals Court, which held that the Committee failed to establish it suffered a “concrete” and “particularized” injury. It was also noted that the Committee did not sue anyone who could provide the relief it sought, hence there was a lack of adversity necessary for federal court adjudication.
Court Description: [Stras, Author, with Gruender and Kobes, Circuit Judges] Civil case. The Reporters Committee filed an application to unseal electronic-surveillance filings and filed a motion to compel the district court clerk to follow certain practices regarding unsealing documents; the district court dismissed the action for lack of standing; there is no adversity in the case as the Reporters Committee never named anyone or anything as a defendant; further the Reporters Committee failed to establish that it suffered a concrete and particularized injury.
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