[Eugene Volokh] Magistrate Rejects Sealing in Discrimination Lawsuit Against Novelist Nicholas Sparks and the School He Founded

A good example of a court properly protecting the public right of access to court records.I've posted a good deal recently about court proceedings in which documents were, in my view, unjustifiably sealed; so I thought I'd pass along a decision from earlier this week that struck me as the right way of doing these things. It comes from Magistrate Judge Kimberly Swank, in a case where Saul Hillel Benjamin, former headmaster of the Epiphany School of Global Studies — founded by bestselling author Nicholas Sparks (The Notebook and many others) — sued Sparks and the School for alleged discrimination, defamation, and various other claims. Here's a short excerpt: While Defendants "very well may desire that the allegations lodged against [them] in the course of litigation be kept from public view to protect [their] image[s], the First Amendment right of access does not yield to such an interest." The adjudication of claims involving embarrassing, injurious,…

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