Replies to post #95335 on UnifiedOnline Inc fka UOIP

[Mic ll]

https://core.ac.uk/download/pdf/268210871.pdf

The common law and first amendment arguments are very similar, although the common law right is generally recognized
while the first amendment right is not." Both are rooted in his- tory and invoke strong policy considerations. Theoretically, a first amendment right of access would afford the public interest great- er protection than the common law right. To override a first amendment right there must be a compelling governmental inter- est and a narrowly tailored order, whereas the common law right at most receives a strong presumption of access.14 In practice, however, courts often confuse the two rights. In some jurisdic- tions, the first amendment right is limited by common law excep- tions,5 and sometimes the common law right receives strict scru- tiny/compelling interest protection. 6 This lack of clarity about the nature of the public's right of access and the standards to be applied has produced widely varied outcomes in sealing order disputes