Free Speech

Eugene Volokh | 9.19.2025 11:51 AM

From Republic of Malawi v. Columbia Gem House, decided Wednesday by Judge David Estudillo (W.D. Wash.):

On April 11, 2025, Plaintiff filed an application to conduct discovery for use in contemplated foreign criminal and civil proceedings pursuant to 28 U.S.C. § 1782. Shortly thereafter, the Clerk's Office sealed this case, based upon guidance provided to Clerk's office employees that cases of this nature should generally be opened under seal. On May 23, 2025, the Court granted Plaintiff's application….

Plaintiff argues the Court should unseal this case in its entirety because there is no compelling reason to maintain the seal. Plaintiff contends there is no confidential information in any of the Court filings and argues the presumption of access to judicial records should therefore prevail….

In general, "compelling reasons" sufficient to outweigh the public's interest in disclosure and justify sealing court records exist when such "court files might have become a vehicle for improper purposes," such as the use of records to gratify private spite, promote public scandal, circulate libelous statements, or release trade secrets. However, "[t]he mere fact that the........

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