Secrecy and gag orders in our state and federal courts undermine every American’s right to know. Since the mid 1970s, defendants in civil litigation, as a condition of settlement, have sought to keep out of the public’s eye important information that should emerge from litigation.

For instance, over the past 20 years, secret settlements have been reached to conceal very important information about sexual abuse of children by clergy, injuries from medical malpractice, automobiles that flip over or explode in accidents, and medical procedures and products that endanger health.

This insidious practice also affects Americans’ perceptions of their courts and our justice system. “Protective Orders” close off the nation’s courts, which are supposed to be institutions open to public scrutiny and review. “Sealed Court Files” deny a presumption of openness and honesty to court proceedings. “Confidentiality Agreements” undermine the public’s respect for the courts and justice. And “Secret Agreements” increase the likelihood of additional litigation to find the truth.