(The Center Square) – The U.S. Supreme Court declined to hear a case brought by The Center Square challenging laws that prevent the public from accessing certain government proceedings.
The case, McCaleb v. Long, challenged the Tennessee Judicial Advisory Commission’s decision in 2018 to close its meetings to the public after a specific disruption. The meetings were open to the public for 35 years before its closure, according to court documents.
The Liberty Justice Center, a nonprofit law firm, filed the case on behalf of Dan McCaleb, chief content officer at The Center Square. The Tennessee Judicial Advisory Commission meets quarterly, and makes recommendations to the Tennessee Supreme Court on court rules of practice and procedure.
“When government officials choose to block members of the press and public from accessing court rule-making meetings – where decisions affecting citizens are made in secret – they undermine government transparency and the public trust,” the Liberty Justice Center wrote.
The Center Square filed a lawsuit in June 2022, asserting a First Amendment right to access the proceedings of the commission.
“Allowing the public and press to observe members at federal Judicial Conference meetings considering rules and making recommendations to Congress has played a significant and positive role in the rulemaking process regarding federal court policy,” the Federal Judicial Center wrote in a brief to the Tennessee district court.
A federal court ruled in favor of The Center Square in March 2023. However, in November 2024, the district court reversed and said the right to public access only applies to trials and hearings where final decisions are made.
“There is generally no First Amendment right to access information that the government has decided not to make public,” the district judge wrote.
In September 2025, the Sixth Circuit Court of Appeals agreed with the district court’s decision. The Center Square later appealed to the U.S. Supreme Court.
“This impact of this case can be summarized in a famous quote, made over a century ago by United States Supreme Court Justice Louis Brandeis – ‘Sunlight is said to be the best of disinfectants,’” said former Liberty Justice Center Senior Counsel Buck Dougherty.
