Blackman v. Commissioner of Social Security
- Andrew Carter
- 1:19-cv-03226
- U.S. District Court · Southern District of New York
- 2
In Blackman v. Commissioner of Social Security, Judge Carter denied Blackman’s request to seal the entire case because she did not overcome the public-access presumption.
Amirah A. Blackman’s request to keep the entire case from public access was denied, while the court preserved the possibility of requesting that specific documents or information be sealed.
What happened
Amirah A. Blackman, representing herself, asked the court to seal the entire Social Security case because she said online harassment was causing her stress and anxiety. The government opposed the request.
The court said Blackman had not provided enough information about the harassment or explained why her situation differed from that of other Social Security claimants. The court also noted that court rules already limit remote public access to much of the case file and administrative record in Social Security cases.
Judge Andrew L. Carter, Jr. denied the request to seal the entire case. He said Blackman could instead ask to seal particular documents or information by filing a motion supported by specific findings showing that sealing was necessary and narrowly tailored.
The detailed version
- Blackman v. Commissioner of Social Security · No. 1:19-cv-03226
- Andrew Carter
- Mar. 12, 2020
Background
Amirah A. Blackman, who was litigating without a lawyer, asked the court to seal the entire case. She cited online harassment and the resulting stress and anxiety. The government opposed the request.
Court’s analysis
The court explained that judicial documents are generally presumed to be available to the public. Blackman did not describe the nature or degree of the alleged online harassment, show that her situation was different from that of other Social Security claimants bringing cases in federal court, or explain why the protections already provided by Federal Rule of Civil Procedure 5.2(c) were inadequate. That rule limits remote electronic access to much of the case file and administrative record in an action for Social Security benefits.
The court stated that the presumption of public access is fundamental and cannot be overcome casually. It also explained that a party may seek to seal specific documents or information when the record supports findings that sealing is essential to protect a higher interest and is narrowly tailored to that purpose.
Ruling
Judge Andrew L. Carter, Jr. denied Blackman’s request to seal the entire case. The order did not decide the underlying Social Security dispute. It stated that Blackman remained free to file a motion seeking to seal particular documents or information.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.