In December, the 73rd District Court of Texas ruled that fourteen key legal exhibits in the Title Source (now Amrock) v. HouseCanary trade secrets case should remain sealed and blocked from public access, despite having been previously shared in open court during the 2018 trial. This also comes after both the Texas Supreme Court and the Fourth Court of Appeals overturned the district court’s decision to allow the retroactive sealing of the documents.
This latest decision should be serious cause for concern, as the court’s order suggests that there are no First Amendment protections under civil proceedings in Texas:
“The First Amendment does not guarantee an absolute right to obtain documents in civil matters involving private commercial parties.”
Of course nothing is “absolute,” but is this really the case and set of facts that should be the exception? This decision sets an alarming precedent.
The Houston Forward Times has closely followed this case, even joining with the Reporters Committee for Freedom of the Press to serve as media interveners, to advocate for open access to court documents and the public’s right to know. The First Amendment serves as a cornerstone of liberty, and it must be protected with vigilance.
However, the merits of this case, and the rights protected under the First Amendment, have not received the level of scrutiny they should. We were disappointed that the court’s order was – virtually verbatim – the language provided by one of the litigants. If not overturned, this decision may have a lasting quashing effect on the public’s right to know and First Amendment rights.
As we respect the rule of law and the Texas court system, The Houston Forward Times continues to support the First Amendment – and principle of open access to critical information.
