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

Background

Several major newspapers and media outlets asked a Supreme Court Justice to block Colorado courts from keeping secret transcripts of private, in‑camera pretrial hearings in a sexual‑assault prosecution. The transcripts record hearings held June 21–22, 2004 under Colorado’s rape‑shield law. A court reporter mistakenly emailed the transcripts to the media, and the trial court then ordered that their contents not be published and that the files be deleted. The Colorado Supreme Court agreed the original order was an overbroad prior restraint but told the trial court to make quick findings and to consider releasing a redacted version.

Reasoning

The immediate question was whether to grant an emergency stay stopping the state courts’ orders from taking effect. Justice Breyer, acting as Circuit Justice, denied the emergency request without prejudice because the trial court issued a detailed admissibility ruling on July 23 that could change what must remain secret. He explained a brief delay would let the state courts finalize which parts of the transcripts are relevant and material, so publication might be allowed in whole or in part. He gave the media leave to refile after two days and set a short schedule for responses.

Real world impact

The media may not publish the in‑camera transcript contents immediately. The trial court’s recent rulings make it likely some material will be released, perhaps in redacted form. This order is procedural and temporary: it preserves the parties’ right to ask the Supreme Court again after the state courts act, so the constitutional dispute over publication is not finally resolved.