Plaintiff news organization accuses Ohio court clerks of violating First Amendment rights

Howard M. Metzenbaum Courthouse
Howard M. Metzenbaum Courthouse
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Courthouse News Service, a nationwide news organization, has taken legal action against two Ohio court clerks for allegedly restricting timely access to newly filed civil complaints. The complaint was filed in the United States District Court for the Northern District of Ohio on December 2, 2025, targeting Sheila Bevington and Carl DiFranco, clerks of the Geauga County Court of Common Pleas and Lake County Court of Common Pleas respectively.

The lawsuit stems from Courthouse News Service’s assertion that these clerks have violated the First Amendment by delaying public access to e-filed civil complaints until after administrative processing is complete. This practice, according to Courthouse News, results in delays ranging from one to three days before these documents become available to the press and public. The plaintiff argues that such delays are unconstitutional as they impede timely news reporting and public awareness of new civil actions. Courthouse News emphasizes that immediate access upon receipt is crucial for accurate reporting and maintaining transparency within the judicial system.

Courthouse News Service contends that this policy of delayed access contravenes established practices across many federal and state courts where new filings are made available immediately upon receipt. The plaintiff references a history of immediate access dating back to when paper filings were physically stamped and made available without delay. Despite technological advancements allowing for instant electronic access, Courthouse News claims that Bevington and DiFranco have chosen not to implement such systems, thus infringing on constitutional rights.

In their filing, Courthouse News seeks declaratory and injunctive relief from the court. They request a judgment affirming their First Amendment right to immediate access to non-confidential civil complaints upon receipt by the court. Additionally, they seek an injunction preventing the defendants from enforcing their current policies which delay access until after processing is complete. The plaintiff also requests an award covering costs and reasonable attorney fees under 42 U.S.C. § 1988.

Representing Courthouse News Service in this case are attorneys John C. Greiner and Griffin R. Reyelts from Faruki PLL law firm based in Cincinnati, Ohio. The case is identified under Case No. 1:25-cv-02617 but does not yet list a presiding judge.

Source: 125cv02617_Courthouse_News_Service_v_Bevington_Complaint_Northern_District_Ohio.pdf


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