Court Sealing Abuse: When Justice Goes Dark

What Does It Mean When a Court “Seals” a Record?

The U.S. courts are supposed to be open by default: anyone can show up, watch hearings, and read filings. That principle is known as the open courts doctrine. But judges can close off pieces of a case by sealing documents or entire dockets.

When a record is sealed, it disappears from public access systems like PACER (Public Access to Court Electronic Records). Only parties to the case, and sometimes the judge, can see the sealed documents. In practice, that means the public cannot scrutinize how the court reached its decision.

Sealing happens in two common ways:

• Sealed filings are specific documents marked as confidential (e.g., contract terms, settlement agreements, or surveillance procurement records).
• Protective orders are court orders that restrict how participants can use or share information produced during litigation, often triggering sealing when those documents are filed with the court.

Why Court Sealing Is a Transparency Problem

Sealed records are not just an abstract legal issue. They have real impact on public oversight:

• Hide corporate wrongdoing: Companies use sealing to keep settlement terms, liability admissions, and safety risks out of the public eye ^[1].
• Shield government surveillance: When law enforcement seals warrant applications or FBI affidavits, the public cannot evaluate whether the government is following the law ^[2].
• Skew policy debates: Journalists and academics cannot cite sealed evidence, which means lawmakers may vote without full information ^[3].
• Evade accountability: Sealing can keep misconduct out of the public record even after courts find wrongdoing, making it harder for regulators and the public to respond.

How Sealing and Protective Orders Become the Default

The rise of sealing is often driven by a few simple mechanisms:

1. Broad confidentiality clauses: Companies routinely demand that all discovery materials be labeled "CONFIDENTIAL" and treated as sealed unless someone successfully pushes back.
2. Mass sealing by agreement: Courts will seal materials "by stipulation" when both parties agree. In many cases, the public never knows what was sealed because the docket simply lists a redacted entry ^[4].
3. Judicial inertia: Judges may sign sealing orders without independent review, trusting the parties' assertions that documents are sensitive.
4. PACER fee structure: Since PACER charges 10 cents per page, there is little incentive for anyone other than participants to monitor filings closely, leaving secrecy unchecked.

Stories from the Sealed Docket

Here are some recent examples that show how sealing affects public accountability.

1. “Secrecy Contracts” in Surveillance Procurement

In 2025, several procurement documents for law enforcement surveillance tools were filed under seal in federal court. Journalists were only able to report on the existence of the contracts after a nonprofit filed a request to unseal the docket ^[2]. When unsealed, the documents showed that agencies paid millions for GPS tracking and facial recognition software with minimal privacy safeguards.

2. Protective Orders That Hide Settlements

Companies facing litigation routinely use protective orders to keep settlement details hidden. One high-profile case saw a major technology firm secure a closing order that sealed the entire final judgment, preventing the public from knowing whether the settlement included a non-disclosure agreement or a gag clause.

3. Court Sealing in Government Oversight Cases

Whistleblower suits and congressional oversight cases are particularly susceptible to sealing. When Congress seeks materials from agencies, those documents can be sealed in court on national security grounds, leaving the public with limited insight into the government's actions ^[3].

How to Find Sealed Records (and Why It Matters)

Even when documents are sealed, there are ways to expose their existence and sometimes get them unsealed.

Use PACER Smartly

PACER is the official access point for federal court records, but it does not always show sealed materials. Still, you can:

• Search the docket for entries marked "sealed," "protected order," or "under seal".
• Look for redacted filings; they often indicate that the underlying text exists but is hidden.
• Use the PACER docket report to track filings over time, an unusual spike in sealed entries can be a red flag.

Use PACER Alternatives

Platforms like RECAP (run by the Internet Archive) and CourtListener archive PACER filings and can show you documents before they were sealed or highlight patterns of sealing across cases. These projects also provide free access, avoiding PACER’s paywall ^[4].

File a Motion to Unseal

If you're directly involved in a case, ask your lawyer to file a motion to unseal. If you're not a party, some courts allow motions to intervene from media organizations or advocacy groups. Successful unsealing motions typically argue that:

• The sealed material is critical to public understanding of government activity.
• The public interest in disclosure outweighs any harm from release.
• The alleged harm can be mitigated by limited redactions instead of full sealing.

What You Can Do Right Now

• Track Sealing Patterns

  Use PACER or CourtListener to watch for sudden increases in sealed filings in a case. Those spikes often indicate a secret settlement or surveillance contract.

• Support Open Courts Legislation

  Many states and Congress are considering laws to limit sealing. Back bills that require judges to explain why sealing is necessary and to consider less restrictive alternatives.

• Share Unsealed Documents

  If you obtain a court filing that was previously sealed, publish it on platforms like CourtListener and notify watchdog reporters. Transparency spreads faster than secrecy.

• Donate to Public Access Projects

  Groups like the Free Law Project, Reporters Committee for Freedom of the Press, and the National Security Archive help fight sealing and make court records available to everyone.

Why the Public Needs to Fight Sealing

Sealing is not a neutral procedural step; it is a power that can be misused to obscure wrongdoing and distort democratic oversight. When judges let corporations and governments hide behind secrecy, the public loses its ability to hold them accountable.

Open courts are a foundation of democratic rule of law. Reclaiming that openness takes persistence, legal tools, and public pressure, but it is possible.