On August 3, 2023, the Knight Institute and the Texas Fair Defense Project filed a lawsuit on behalf of two publications—the Texas Tribune and the Caldwell/Hays Examiner—and a criminal justice organization—Mano Amiga—challenging Caldwell County’s policy of holding all bail hearings behind closed doors.

The lawsuit alleges that Caldwell County, its magistrates, and its sheriff are violating the First Amendment by barring the plaintiffs—and the press and public generally—from attending bail hearings, which play a critically important role in the criminal legal system. The closure of these bail hearings undermines the societal interests in open courts that the First Amendment protects and inhibits the plaintiffs from accomplishing their organizational goals. The lawsuit asks the court to order Caldwell County to open bail hearings to the public, with the closure of a specific hearing permitted only if the County first complies with all constitutional requirements.

Status: Plaintiffs' motion for a preliminary injunction filed on September 27, 2023.

Case Information: The Tex. Tribune v. Caldwell Cnty., No. 1:23-cv-910 (W.D. Tex.).