Girl Scouts of the United States of America v. Boy Scouts of America
- Alvin Hellerstein
- 1:18-cv-10287
- U.S. District Court · Southern District of New York
- 3
In Girl Scouts v. Boy Scouts, Judge Hellerstein outlined standards for deciding whether court documents should be sealed or redacted.
The parties seeking to seal or redact documents, the public seeking access to court records, and non-parties whose private information may appear in the documents.
What happened
Girl Scouts of the United States of America and Boy Scouts of America asked the court to seal or redact many documents in the case. The court scheduled a conference to address those requests.
Judge Hellerstein explained that court records generally carry constitutional and common-law presumptions of public access, especially when the public has a strong interest in the case. Sealing requires specific findings that it is essential to protect a higher value and is narrowly tailored.
In Girl Scouts of the United States of America v. Boy Scouts of America, Judge Hellerstein directed the parties to use these principles in presenting their arguments. The opinion does not state that the court granted or denied any particular sealing or redaction request.
The detailed version
- Girl Scouts of the United States of America v. Boy Scouts of America · No. 1:18-cv-10287
- Alvin Hellerstein
- Mar. 2, 2021
Background
The parties moved to file numerous documents under seal or with redactions on the public docket. The court scheduled a conference for March 3, 2021, to resolve the sealing and redaction issues. This order stated the principles that would guide the parties' arguments at that conference.
Legal principles
The court described both a constitutional and common-law presumption that judicial documents and proceedings should be publicly accessible. Public access promotes court accountability, permits public monitoring, and helps the public understand the judicial process. Judicial documents generally should not remain sealed without the most compelling reasons.
A document may be sealed only when the court makes specific findings on the record showing that closure is essential to preserve a higher value and is narrowly tailored to protect that interest. Before applying that standard, the court determines whether the item is a judicial document—meaning that it is relevant to the court's work and useful in the judicial process. Relevance includes whether the document reasonably could influence the court's ruling on a motion or its supervisory duties, regardless of whether the court ultimately relies on it or which side prevails.
For a judicial document, the court weighs the public's interest in access against competing interests. The analysis includes the extent to which the court relied on the document, the importance of its specific contents to the proceeding, and the privacy interests of people opposing disclosure. The order identified personal financial, family, medical, educational, and similar information as interests that may weigh against public access, particularly when the information concerns non-parties and does not affect a substantial portion of the public.
Ruling and effect
In Girl Scouts of the United States of America v. Boy Scouts of America, Judge Alvin K. Hellerstein issued an order setting out the standards for the upcoming sealing and redaction arguments. The opinion does not state a specific grant or denial of the parties' individual applications.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.