The First Amendment guarantees the public a qualified right of access to those opinions, because judicial opinions interpreting constitutional and statutory limits on governmental authorities— including those relevant to foreign-intelligence surveillance—have always been available for inspection by the public and because their release is so manifestly fundamental in a democracy committed to the rule of law.

The government’s contrary view—that legal opinions of an Article III court controlling the constitutional rights of millions of Americans may forever be denied to the public, even if any legitimate interest in secrecy has expired or can be accommodated—is wrong. Indeed, if the government succeeds in depriving the public of the tools necessary to understand the laws passed by its elected officials, it will have eroded the foundations of our democracy. The government’s theory affects more than the public’s right to this Court’s opinions; its reasoning would likewise deny the public a right of access to the opinions of courts sitting in review of those opinions, whether issued by the Court of Review or even the Supreme Court of the United States. That result would defeat democratic oversight and undermine public confidence in our legal institutions.