The Stanton Foundation First Amendment Clinic at Vanderbilt Law School has filed a complaint in federal court on behalf of Eugene Volokh, a prominent First Amendment scholar, challenging the constitutionality of Tennessee’s public records law, which restricts access to Tennesseans only.
Mr. Volokh requested access to judicial records in Garramon v. Curtsinger, a case pending in Williamson County Circuit Court. The case involves an issue that is central to Mr. Volokh’s scholarly research on the intersection of free speech and harassment. However, the Williamson County Archives and Museum denied Mr. Volokh’s request solely because he is not a Tennessee resident. Under the Tennessee Public Records Act (“TPRA”), only citizens of Tennessee are permitted access to public records, including judicial documents. As a California resident, Mr. Volokh was categorically excluded.
The Clinic’s complaint argues that TPRA’s citizenship requirement violates the First Amendment because federal courts have consistently recognized a qualified First Amendment right of access to judicial records. Although the Supreme Court has previously upheld a state’s right to limit access to executive records to its own residents, the right of access to judicial records is rooted in the federal Constitution and cannot be deprived based on state citizenship. The complaint further argues that any purported privacy interest in the records is undermined by the fact that Tennessee residents—including potentially the litigants’ neighbors—are permitted access.
In addition, the complaint contends that the TPRA’s citizenship requirement violates the Privileges and Immunities Clause of the United States Constitution, which protects citizens from actions by states that burden fundamental rights of citizens from other states. Because the First Amendment safeguards liberties that lie at the foundation of free government, Tennessee’s attempt to burden such rights based on residency status runs afoul of the Privileges and Immunities Clause.
“All Americans have a First Amendment right to access court records throughout the country, just as they have a First Amendment right to speak and to gather news throughout the country,” said Mr. Volokh.
The case is pending before United States District Judge Aleta Trauger in the Middle District of Tennessee.
