A couple of weeks ago, the litigants in the Social Media Adolescent Addiction/Personal Injury Products Liability Litigation multi-district case tried to seal a court filing that had apparently been inadequately redacted when it had been filed. That is sometimes allowed, but what was striking is that they proposed an order (ECF 3048) that would have provided that,
Any party, counsel, or member of the public who may have obtained copies of ECF 3009-1 during the time that it was publicly available, including through ECF Court alerts that automatically generate PDF copies filed in the case, shall immediately delete and destroy them.
That, my friend and longtime Internet lawyer Megan Gray and I thought, was unconstitutional as to "member[s] of the public." So Megan and I asked the court for leave to file an amicus brief, on behalf of the Free Law Project (the CourtListener / RECAP people) and the First Amendment Coalition, urging the court to reject the proposed order. We argued that the proposal violates
