California Statute Requiring Confidentiality In Divorce Cases Violates First Amendment
A two-year-old state law that requires financial information in divorce files be sealed if either party requests it violates the First Amendment on its face, the California Court of Appeals ruled Friday.
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In Burkle v. Burkle, Div. Eight, in an opinion by Justice Paul Boland, affirmed Los Angeles Superior Court Judge Roy Paul's ruling that the public has the right to know how much money is at stake in the divorce of reputed billionaire Ron Burkle and his wife, Janet Burkle.
"We conclude that [Family Code] section 2024.6 is unconstitutional on its face," Boland wrote. "The First Amendment provides a right of access to court records in divorce proceedings. While the privacy interests protected by section 2024.6 may override the First Amendment right of access in an appropriate case, the statute is not narrowly tailored to serve overriding privacy interests. Because less restrictive means exist to achieve the statutory objective, section 2024.6 operates as an undue burden on the First Amendment right of public access to court records."
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