The Liberty Justice Center (LJC) has taken its fight for press freedom and public transparency to the U.S. Court of Appeals for the Sixth Circuit, filing an opening brief on March 13 challenging a lower court ruling that allowed Tennessee’s Judicial Advisory Commission to keep its rulemaking meetings closed.
The case, McCaleb v. Long, stems from a 2018 decision by the Tennessee Supreme Court’s Advisory Commission to bar journalists and the public from its once-public quarterly meetings, a move that LJC argues violates the First Amendment’s right of access.
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The Liberty Justice Center initially filed the lawsuit in June 2022 on behalf of journalist Dan McCaleb, Executive Editor of The Center Square, to challenge the commission’s secrecy.
In March 2023, the U.S. District Court for the Middle District of Tennessee issued a preliminary order requiring the commission to reopen its meetings while the lawsuit was ongoing, stating that transparency “not only creates public confidence, it likely creates better rules.”
However, in a reversal in November 2024, the court dismissed the case, ruling that since the commission had already closed its meetings, their contents were not considered public information and therefore were not subject to First Amendment protections.
In its March 13 filing, LJC is asking the Sixth Circuit to overturn the district court’s decision and affirm the public’s constitutional right to access government rulemaking discussions.
“The First Amendment protects the public’s right to access meetings of bodies like Tennessee’s Judicial Advisory Commission so they can write and speak about what their government is doing,” said Jacob Huebert, President of the Liberty Justice Center and attorney for McCaleb. “We’re hopeful the Sixth Circuit will recognize that and restore the rights of our client, all journalists, and all Tennesseans.”
The appeal highlights the broader implications of government transparency and press access, arguing that allowing advisory bodies to operate behind closed doors sets a dangerous precedent for public accountability.
The case will now proceed before the Sixth Circuit Court of Appeals, where a ruling could have lasting effects on open government policies in Tennessee and beyond.
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