Despite the presumption of open courts with public access that stems from the First Amendment and the common law, far too much civil litigation is taking place in secret. Unnecessary court secrecy is a threat to public health and safety, the fair and efficient administration of justice, and our democratic system of government. This problem is especially widespread and dangerous in product liability litigation.
The American public has a right to know what is done in its name. Because “[w]hat happens in the halls of government is presumptively public business,” courts in this country “issue public decisions after public arguments based on public records.” Union Oil Co. v. Leavell, 220 F.3d 562, 568 (7th Cir. 2000). The presumption of public access is fundamental to the American system of justice. See Rosado v. Bridgeport Catholic Diocesan Corp., 292 Conn. 1, 30 cert. denied sub. nom. Bridgeport Roman Catholic Diocesan Corp. v. New York Times Co., 558 U.S. 991 (2009) (concluding that Practice Book § 11-20A codifies the common law presumption of public access to judicial documents; noting that public access to court documents traces its roots back centuries).
