Ninth Circuit rules Idaho’s “process-first” policy violates First Amendment public-access rights

In a decisive opinion, the Ninth Circuit Court of Appeals ruled that Idaho’s “process-first” policy, which creates a blackout of newly filed court pleadings, violates the First Amendment’s public-access guarantee. The panel, comprising Judges Margaret McKeown, Jennifer Sung and visiting Judge Sidney Fitzwater, affirmed a district-court injunction by Judge David Nye that had ordered Idaho courts to cease withholding filings.

The court invoked the Press-Enterprise standard, emphasizing that any restriction on access must be narrowly tailored and that Idaho offered no compelling justification. The judges noted that other jurisdictions provide immediate docket access through queues or automatic public filing, rendering Idaho’s approach unreasonable. The decision builds on the Ninth Circuit’s 2020 Planet ruling, which first recognized that access attaches when documents arrive at the courthouse.

Attorneys Jon Fetterly and Katherine Keating represented one outlet, while Keely Duke argued for Idaho. The ruling reinforces the principle that transparent judicial proceedings are essential to democratic self-government.