Before the
               COMMITTEE ON AUTOMATION AND TECHNOLOGY
                               OF THE
              JUDICIAL CONFERENCE OF THE UNITED STATES

                               In re: 
   Notice of Opportunity to Comment on the ABA Citation Resolution 
 
                             COMMENTS OF 
          THE REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS 
 
     The Reporters Committee submits these comments in response to 
the notice of opportunity to comment on the ABA Citation Resolution 
posted in the Federal Register filed on February 20, 1997. Request 
for Comments, FR Doc. 97-4230 (1997).

     The Reporters Committee for Freedom of the Press is a voluntary, 
unincorporated association of news editors and reporters dedicated to 
defending the First Amendment and freedom of information rights of 
the print and broadcast media. 
 
                      PURPOSE OF THESE COMMENTS 
 
     The Reporters Committee supports the ABA Citation Resolution 
because it would facilitate open access to the courts and therefore 
promote public understanding of the judiciary. 
 
     The public relies on the press to keep it informed about 
government activities, and the Reporters Committee supports 
initiatives that create new avenues of access to journalists in their 
efforts to gather and disseminate the news. Low-cost and easy 
computer access to court opinions would enable the media to keep the 
public better informed on important judicial and legislative 
developments. 
 
I. THE LAW IS IN THE PUBLIC DOMAIN AND SHOULD BE AS ACCESSIBLE AS 
POSSIBLE. 

     The public is entitled to maximum access to the law of the land. 
Wheaton v. Peters, 33 U.S. (8 Pet.) 591 (1834). Such access is not 
only consistent with the public's First Amendment and common law 
right of access to court proceedings and documents, Press-Enterprise 
Co. v. Superior Court, 478 U.S. 1 (1986); Nixon v. Warner 
Communications, 435 U.S. 589 (1978), but is a prerequisite to making 
the right of access meaningful. 
 
Court decisions constitute "the authentic exposition and 
interpretation of the law, which . . . bind[s] every citizen. . . ." 
Banks v. Manchester, 128 U.S. 244 (1888). Stare decisis requires that 
opinions be available for purposes of research and citation, and to 
provide general information to the public as to the state and 
development of the law. Garfield v. Palmieri, 193 F. Supp. 137, 143 
(S.D.N.Y. 1961), aff'd, 297 F.2d 526 (2d Cir.), cert. denied, 369 U.S. 
871 (1962). 
 
     The judiciary has a duty not only to publish and disseminate 
its decisions, Lowenschuss v. West Publishing Co., 542 F.2d 180, 185 
(3d Cir. 1976), but also to employ all available means to make the 
law as available to the public as possible. 
 
     Justice requires that all should have free access to the 
     opinions, and that it is against sound public policy to prevent 
     this, or to suppress and keep from the earliest knowledge of the 
     public the statutes or the decisions and opinions of the 
     justices." 
 
Nash v. Lathrop, 142 Mass. 29, 6 N.E. 559 (1886); L. Ray Patterson & 
Craig Joyce, Monopolizing the Law: The Scope of Copyright Protection 
for Law Reports and Statutory Compilations, 36 UCLA L. Rev. 719, 749 
(April 1989) (the public should "enjoy the full benefits of enhanced 
access to law which computer-assisted legal research offers, and to 
which the public is entitled"). 
 
     As recognized by the ABA Citation Resolution, court decisions 
are increasingly available electronically, through computer bulletin 
boards, disks and the Internet. This new technology creates the 
possibility of unfettered and instantaneous access to the law via 
computers. The Reporters Committee supports adoption of the ABA 
proposal because it would expedite the free flow of information to 
the public. 

II. ENACTMENT OF THE ABA CITATION RESOLUTION WOULD ASSIST JOURNALISTS 
IN KEEPING THE PUBLIC INFORMED. 
 
     The public "has an interest in accurate reports of judicial 
proceedings," Time, Inc. v. Firestone, supra, 424 U.S. 448, 96 S. Ct. 
958 (1976), and the press plays a critical role in aiding public 
oversight of judicial activities. Richmond Newspapers v. Virginia, 
448 U.S. 555 (1980). By promoting public scrutiny of the judiciary, 
press coverage of the court system ensures that trials are conducted 
efficiently and fairly. Sheppard v. Maxwell, 384 U.S. 333, 350 
(1966). Moreover, providing the rationale underlying Government 
decisionmaking promotes public understanding of our civil and 
political institutions, and is an essential function of a free press. 
Nebraska Press Ass'n v. Stuart, 427 U.S. 539, 586 (1976) (Brennan, 
J., concurring). 
 
     Journalists are utilizing the new technology to gain 
instantaneous access to vast quantities of information, which has 
enlarged investigative and data-gathering possibilities. David Noach, 
Setting Parameters, Editor & Publisher, February 8, 1997 (citing a 
1995 study in which 68% of the journalists polled said they use the 
Internet for research). Adoption of the ABA proposal would enhance 
journalists' access to court opinions, and therefore assist them in 
providing the public with timely and accurate information about 
important matters of public concern. 
 
     For these reasons, the Reporters Committee urges the Committee 
to adopt the ABA's proposed citation system. 
 
     The Reporters Committee appreciates the opportunity to comment 
on the proposed amendment. 
 
Respectfully submitted, 
 
Jane E. Kirtley, Esq. 
Executive Director 
 
Barbara Lerner, Esq. 
Legal Fellow 
 
Reporters Committee for Freedom of the Press 
1101 Wilson Boulevard 
Suite 1910 
Arlington, VA. 22209 
(703) 807-2100 
 
March 12, 1997