Associated Press v. District Court for the Fifth Judicial District of Colorado

Background

Several major newspaper publishers and media outlets were mistakenly emailed transcripts of private pretrial hearings in a Colorado sexual-assault case. The hearings, held in camera, addressed whether certain evidence was relevant and admissible under Colorado’s rape-shield law. When the trial court learned of the mistake it ordered the media to delete the files and barred publication. The media asked the Colorado Supreme Court to overturn that order. The state high court agreed that the original order was an unconstitutional prior restraint in general but told the trial court to make prompt findings and to decide whether portions of the transcripts are relevant, material, and therefore admissible, and to consider releasing a redacted public version.

Reasoning

The central question before the Circuit Justice was whether to block the state courts’ orders and immediately permit publication. After the media filed the request, the trial court issued a ruling deciding some evidence was relevant and some was not, but it had not yet said whether the transcripts themselves should be released. Justice Breyer concluded the trial court’s forthcoming decisions could change the situation substantially. Because release of some or all material seemed possible and the state courts could clarify or avoid the dispute, he denied the emergency stay for a short time, allowing the parties to reapply after July 28 if needed.

Real world impact

The temporary denial pauses national court intervention and gives Colorado courts the first opportunity to decide what, if anything, the public may read. Media organizations may soon receive redacted or full transcripts depending on the trial court’s rulings. The decision is procedural and not final; the media can refile an emergency request after the state court acts.