Case Citator › Rushford v. New Yorker Magazine, Inc.

Rushford v. New Yorker Magazine, Inc.

Is it still good law? What later courts have actually done to this case.

Limited by some courts
Court
Fourth Circuit
Citation
846 F.2d 249
Decided
Confirmed treatments
1
Flagged citations read
52 of 52
Citing cases (total)
52
Treatment dates
1995
Limited by some courts
At least one reviewed court has limited this case’s holding to narrower facts or a narrower rule. No reviewed court has overruled it. Rushford v. New Yorker Magazine, Inc. remains controlling for documents filed with summary judgment motions, but the Fourth Circuit declined to extend its First Amendment rule to documents excluded from consideration on a motion to dismiss, as listed below. All 52 flagged citations have been read.
More on how this was screened

The limiting decision was unpublished; other citing courts continued to apply Rushford's public access rules.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

52 later cases cite Rushford v. New Yorker Magazine, Inc.; 52 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Rushford v. New Yorker Magazine, Inc.?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Limited

  • In an unpublished decision, the Fourth Circuit declined to extend Rushford's First Amendment access rule to documents filed with a motion to dismiss that the court excluded from consideration.

    In re Policy Management Systems Corp. · Fourth Circuit · filed

    In Rushford v. The New Yorker Magazine, Inc., 846 F.2d 249, 253 (4th Cir.1988), we held that the First Amendment guarantee applies to documents filed in connection with a summary judgment motion. ... We conclude that the First Amendment guarantee of access should not be extended to documents filed in connection with a motion to dismiss. ... Because documents filed with a motion to dismiss that are excluded by the court do not play any role in the adjudicative process, we find that the documents essentially retain their status as discovery materials and therefore are not subject to the First Amendment guarantee of access.
    Read the full opinion on CourtListener →

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