Supreme Court nominee's First Amendment opinions reveal 'no clear standard'

Supreme Court nominee Sonia Sotomayor has ruled in favor of right of access in cases about pubic and press access to government records but in Freedom of Information Act cases has ruled in favor of withholding records. -DB

Reporters Committee for Freedom of the Press
Press Release
May 27, 2009

The Reporters Committee for Freedom of the Press has released a report summarizing the First Amendment and freedom of information opinions of Supreme Court nominee Sonia Sotomayor.

The report notes that while Sotomayor has an abundance of judicial experience, “it is surprising to see that no clear standard on First Amendment issues has emerged from her many cases.” However, this is primarily due to the small number of such cases that she has heard. When confronted with the question of public and press access to the judicial system, she has favored the right of access. But her Freedom of Information Act cases tend to favor withholding records from requesters.

The report is available on the committee’s Web site:

http://www.rcfp.org/news/documents/20090527-asummaryofmediarelateddecisionsbysupremecourtnomin.pdf

Copyright 2009 Reporters Committee for Freedom of the Press