Public Law Should Not Be in a Private Domain
It is not acceptable for public law to remain in the private domain. Access to public law should always be a public right for all…
Transparency, the mantra of this decade, must extend to the judicial system. Some of the most important decisions affecting all Americans, rich and poor alike, come from the courts. But for the most part, these decisions remain in the exclusive domain of lawyers and law firms, rather than the American people. It shouldn’t have to be that way—particularly in the age of the Internet.
What happens when average citizens want to stay up-to-date with court decisions? For the most part, they have to pay expensive fees to access the legal documents. Popular services like LexisNexis and Westlaw—though excellent and effective resources—are out of reach for the average American.
An informed citizenry is critical. Access to legal decisions can educate and ennoble all Americans. Citizens should also simply have access as taxpayers. After all, it is taxpayers’ money that helps fund the public court system. It seems ironic—and problematic—to limit access to case decisions that truly do belong to all.
Although the Internet has made strides toward democratizing public access, it has not created equal access for everyone. The Free Access to Law Movement, an umbrella group of institutions that are working to provide free online access to legal information, has taken up this cause. Still, more needs to be done to ensure that every American can access legal documents, regardless of their financial stature.
Public law should not remain in the private domain. Access to public law should always be a public right for all, rather than a private privilege reserved to the few who can afford it. The latter is a system based on elitism and law as a private entity—certainly not principles our government should strive for.
Main Street says hats off to the institutions that are already working to provide free public access to legal documents—and encourages those who aren’t to follow suit.
Assisted by Jess Begen
