Associated Press v. United States Dist. Court

In Associated Press v. United States Dist. Court, 705 F.2d 1143 (9th Cir.1983), the press sought access to pretrial proceedings and documents, alleging a First Amendment right of access. The Court stated in dictum that "there can be little dispute that the press and public have historically had a common law right of access to most pretrial documents, citing Nixon v. Warner Communications Inc., 435 U.S. 589, 598, 98 S.Ct. 1306, 1312, 55 L.Ed.2d 570 (1978)--though not to some, such as transcripts of grand jury proceedings." Id. at 1145. While the Court went on to hold that the public had a First Amendment right of access to most pretrial proceedings and documents, we did not suggest that the common law right of access extended to all pretrial documents. Indeed, as noted above, we expressly recognized that the public has no common law right to copy grand jury transcripts. Id.