Critics denounce SB 59 for violating First Amendment rights on judicial records

During a recent Assembly Judiciary Committee meeting in California, significant concerns were raised regarding Senate Bill 59, which aims to impose restrictions on the disclosure of judicial records. Critics of the bill argue that it violates the First Amendment by creating a blanket ban on public access to these records without the necessary judicial review.

Opponents emphasized that judicial records are typically considered public and can only be sealed under rare circumstances, following a thorough examination by the courts. They contend that SB 59 undermines this principle by not requiring any court finding before sealing records, which they describe as unconstitutional. The critics pointed out that the bill fails to meet constitutional standards, which mandate that the sealing of public records must serve a compelling interest and be executed through narrowly tailored means.

The discussions highlighted the potential implications of the bill on transparency and public access to information, raising questions about its foundational premise and the necessity of such restrictions. As the committee continues to evaluate the bill, the outcome could significantly impact how judicial records are handled in California, emphasizing the ongoing tension between privacy concerns and public accountability.