Legal Opinion

Delaware Coalition for Open Government v. Strine

District Court, D. Delaware

Decided August 30, 2012No. Civil Action No. 1:11-1015PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM

McLAUGHLIN, District Judge.

This is a challenge to a confidential arbitration proceeding established by Delaware law and implemented by the Delaware Court of Chancery.1 The plaintiff argues that the First Amendment’s qualified right of access prevents the defendants from closing this proceeding to the public and press. Both parties have cross-moved for judgment on the pleadings.2

The Court will grant the plaintiffs motion and deny the defendants’ motion. The First Amendment protects a qualified right of access to criminal and civil trials. Except in limited circumstances, those…

2Cases cited21 opinions

  1. Richmond Newspapers, Inc. v. VirginiaSupreme Court of the United States · 1980
  2. Press-Enterprise Co. v. Superior Court of Cal., Riverside Cty.Supreme Court of the United States · 1984
  3. Globe Newspaper Co. v. Superior Court, County of NorfolkSupreme Court of the United States · 1982
  4. Press-Enterprise Co. v. Superior Court of Cal., County of RiversideSupreme Court of the United States · 1986
  5. Brown & Williamson Tobacco Corporation v. Federal Trade CommissionCourt of Appeals for the Sixth Circuit · 1983

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3Cited by8 opinions

  1. Delaware Coalition for Open Government, Inc. v. StrineCourt of Appeals for the Third Circuit · 2013
  2. Jeff Boardman v. Pacific Seafood GroupCourt of Appeals for the Ninth Circuit · 2016
  3. Delaware Coalition for Open Government, Inc. v. StrineCourt of Appeals for the Third Circuit · 2013
  4. Delaware Coalition for Open Government, Inc. v. StrineCourt of Appeals for the Third Circuit · 2013
  5. Eric S. Weiss v. Hunterdon County Prosecutor’s Office et al.District Court, D. New Jersey · 2026

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