Second Circuit Grants Immediate Media Access for All Newly Filed Vermont Cases
The law is as interesting as it is important. While most of us follow certain high-profile court cases for entertainment, knowing about new court cases can also help inform us about what's going on and the rights of U.S. citizens. After a recent appeals court ruling, a little more material has become readily available.
On March 11, 2025, the Second Circuit appellate panel upheld a decision that instructed Vermont court clerks to allow media access to new cases when they're filed. The court system of Vermont wanted to delay access until their clerks could check the filings over. The Second Circuit agreed that this violated the plaintiffs' First Amendment right to access.
Well? We're Waiting!
In 2020, the court system in Vermont made some big changes. Moving to electronic filing, the Superior Court adopted a new policy denying immediate access to newly filed civil complaints. The court reasoned this was necessary to allow court clerks ample time to redact confidential information and filers' notes, ensure they were signed, and check that they complied with technical requirements under the court’s rules.
Claiming a violation of the First Amendment by denial of access to public documents, plaintiffs filed suit in November of 2021. The group suing consisted of several Vermont media entities, such as the Vermont Community Newspaper Group, LLC, Gannett Vermont Publishing, Inc., the Vermont Press Association, Inc., and the Sample News Group, LLC. Out-of-state members included Courthouse News and the New England First Amendment Coalition.
In a bench trial, U.S. District Judge Christina Reiss ruled that the defendants had no basis for implementing the delay and provided no proof it was necessary. Vermont's system wasn't considered narrowly tailored enough to justify the impinging of constitutional rights. Her ruling enjoined the local courts from denying immediate access and issued an injunction forbidding the Vermont state court administrator from putting another policy in place to delay access to allow review for unredacted confidential information.
Federal courts do not delay the release of information on newly filed cases. State courts such as California, New York, and Texas also offer immediate public access to court filings.
Teri Corsones, the State Court Administrator for the Supreme Court of the State of Vermont, filed an appeal. The case was argued on April 10, 2023, but it took almost two years to reach a decision.
Got It Right the First Time
The three-judge appellate panel issued a majority decision that affirmed Reiss's ruling that the delay Vermont courts imposed violated First Amendment public record access rights. The Second Circuit agreed that Press-Enterprise Co. v. Superior Court of California had been applied properly.
The panel chose to vacate the permanent injunction against the review of confidential information that might require redaction. It was considered overbroad and remanded to the lower court.
In his partial dissent, Circuit Judge Richard J. Sullivan argued that the state's program was properly tailored. He aired concerns that the appellate decision would hinder future attempts to innovate, pilot new procedures, or roll out new statewide processes to improve the efficiency of the Vermont court system.
For those who enjoy the latest in court filings along with their morning coffee, the Second Circuit's decision is welcome. Harried Vermont court clerks may prove to be much less enthusiastic.
Related Resources
- Appealing a Court Decision or Judgment (FindLaw's Litigation and Appeals)
- The First Amendment - Freedoms (FindLaw's U.S. Constitution)
- How To Get Government Information Under the Freedom of Information Act (FindLaw's Citizen Journalism Laws)
