The US District Court for the Southern District of Ohio Tuesday issued a preliminary injunction against the Clerk of the Franklin County Court of Common Pleas for withholding e-filed civil complaints from public view during a “clerk review” process. Judge Sarah Morrison court also directed that the complaints be made available upon receipt.

Morrison ruled that the clerk review system delays publication and restricts the press’s and the public’s First Amendment qualified right to access civil complaints. In addition, the court ruled that civil complaints pass the “experience and logic” test. This test asks if experience and logic indicate that a judicial record in the past and future should be afforded public access. If this two-part test is met, then the First Amendment’s right of public access attaches to it. The court concluded that non-confidential civil complaints pass the experience and logic test.

The court noted that “an open courtroom and record have been fundamental features of the American judicial system.” Additionally, the court concluded that “public access to complaints plays a significant role in the functioning of the judicial process.”

The lawsuit began when Courthouse News Services sued Clerk of Franklin County Maryellen O’Shaughnessy in response to the court’s e-filing system. O’Shaughnessy implemented the system, which withholds e-filed complaints from the public until a clerk review is complete. Courthouse News then sought a preliminary injunction from the court to enjoin O’Shaughnessy from restricting access to these complaints. O’Shaughnessy argued that there is a governmental interest in denying access to civil complaints. The court disagreed and ruled that there is no compelling governmental interest narrowly tailored to deny access to civil complaints.