Federal Trade Commission v. Amazon
In the course of suing Amazon in the United States District Court for the Western District of Washington for misleading advertising of app’s aimed at children, which were promoted as “free” even though various items within the app were subject to being purchased by the children with their parents’ real money, both sides filed some of the evidence on which their cross-motions for summary judgment under seal; passages in the briefs supporting summary judgment were also redacted. When the judge granted partial summary judgment for each side, while calling for further briefing on the issue of damages, he redacted significant parts of the summary judgment opinion. Representing Georgetown Law School professor Rebecca Tushnet, whose scholarship is devoted in part to advertising issues, and Media Post Communications, which has been covering the case, Public Citizen has filed a motion for leave to intervene along with a motion to unseal asserting the public right of access to judicial records under the First Amendment and the common law. We ask that the entire summary judgment opinion be unsealed, and that the sealing of the papers filed in support or in opposition to summary judgment be reconsidered in light of the unsealing of the opinion and other developments.