The Ninth Circuit Holds the First Amendment Doesn't Wait for Clerk Review of Newly Filed Complaints

In the age of e-filing, how quickly does a new complaint have to be made available to the public?  In the Ninth Circuit’s view, the answer almost always is “instantly.”

In Courthouse News Service v. Omundson, the Ninth Circuit held that Idaho’s policy of delaying public access to state court complaints until they’re deemed “filed” by a court clerk violated the First Amendment.  --- F.4th ---, No. 24-6697, 2026 WL 2603864 (9th Cir. Sept. 3, 2026).

Read the full blog post.