Second Circuit Court Strikes Down Vermont Rule Limiting Access to Court Complaints, Citing Free Speech Concerns

On Tuesday, a split panel of the Second Circuit issued a decision regarding Vermont’s recently enacted rule that restricts public access to newly filed state court complaints. The rule requires the complaints to undergo a review by court staff before becoming accessible, a policy that the court deemed unconstitutional in its present form. Interestingly, one judge dissented, expressing concern that the majority’s ruling may hinder progress in refining judicial procedures. The case presents a critical examination of the tension between facilitating transparency and safeguarding procedural integrity. To delve deeper into the specifics of the case, the original coverage by Law360 can be accessed here.