Monday, July 18, 2011

Why the perceived 'injustice' about super injunctions?

Because when you bring a court claim, they are supposed to be public record. And the whole purpose of a superinjunction is to make it a secret so the public won't know about it. The purpose of allowing the public to view trials is to make sure there is no corruption. So there has to be a balancing of harms done to see whether the protected interest of sealing the court record is compelling enough to overcome the interest of having the courts open to the public to deter corruption, and ensure fairness in our court. There are privacy rights in our country, but the minute you want to use the courts (a public forum) to settle your dispute, your privacy is gone. There must be transparency so we can make sure things are done fairly and to eliminate possible corruption.

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