The Lewis F. Powell Jr. U.S. Court of Appeals for the Fourth Circuit Courthouse. Credit: Wikimedia4th Circuit Upholds Virginia Law Restricting Online Court Records Access
The appeals court upheld a Virginia state law allowing only lawyers and authorized agents to access certain online court records remotely. The majority upheld the measure, reasoning that it was aimed at protecting privacy. A dissenter said strict scrutiny should have applied since the rule implicated First Amendment rights.
January 24, 2025 at 07:00 AM
3 minute read
What You Need to Know
- The U.S. Court of Appeals for the Fourth Circuit ruled Virginia can restrict access to online court records.
- The 2-1 ruling affirms Virginia does not violate the First Amendment by restricting OCRA access to lawyers and authorized agents.
- Bryan Cave Leighton Paisner represented plaintiff Courthouse News Service in the unsuccessful appeal.
The U.S. Court of Appeals for the Fourth Circuit upheld a state law granting Virginia State Bar members exclusive online access to judicial records not accessible to other remote users.
Judge Allison Jones Rushing in the majority opinion for the appeals court ruled Virginia does not violate the First Amendment by blocking access to its Officer of the Court Online Remote Access System to all internet users except lawyers in good standing and authorized agents affiliated with the state bar.
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