Our friend Stephen Schultze, a 3rd year Georgetown University law student (formerly associate director of the Center for Information Technology Policy at Princeton University), argues in a new paper that the Public Access to Court Electronic Records (PACER) system should be free. We concur!
Schultze, Stephen, The Price of Ignorance: The Constitutional Cost of Fees for Access to Electronic Public Court Records (December 4, 2017). Georgetown Law Journal, Vol. 106, No. 4, 2018. Available at SSRN.
This paper argues that the federal judiciary has erected a fee structure that makes public records practically inaccessible for many members of the public and for essential democratic purposes. The per-page fee model inhibits constitutionally protected activities without promoting equally transcendent ends. Through this fee system, the judiciary collects fees at ever-increasing rates and uses much of the revenue for entirely other purposes — in an era in which the actual cost of storing and transmitting digital records asymptotically approaches zero. PACER should be free.
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