Also known as:rights to receive information · right to know · access to information · freedom of information
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
in property law
An obligation imposed on a common-interest community association to furnish members reasonable access to information about the association, the common property, and the financial affairs of the association. The duty arises from the relationship created by servitudes and protects members' legitimate expectations regarding collective governance.
Sense 1
1
in property law
An obligation imposed on a common-interest community association to furnish members reasonable access to information about the association, the common property, and the financial affairs of the association. The duty arises from the relationship created by servitudes and protects members' legitimate expectations regarding collective governance.
Examples1
Homeowner Seeks Association Records
Rosa Ruiz owns a unit in a common-interest community managed by Royal Crest Hotels. She requests financial statements and maintenance reports on shared facilities. The association refuses to supply the documents. Rosa sues, claiming the refusal violates her right to receive information about the association's affairs and common property.
Frequently Asked
Sense 2
2
constitutional law
A fundamental protection under the First Amendment that safeguards the receipt of information and ideas, regardless of their social worth, as essential to a free society. The right operates in contexts such as private possession of materials and public access to proceedings that enable informed participation.
Examples5
Private Possession of Materials Challenged
Rhea Reynolds faces prosecution for possessing printed materials in her home that authorities label obscene. She argues the charges infringe her ability to receive ideas in private. The court evaluates whether the prosecution can proceed without violating protections for receiving information regardless of content.
Reporter Protects Source Identity
Riley Rivera, a journalist, refuses to disclose a confidential source during a grand jury proceeding. Prosecutors seek the identity to pursue criminal charges. The court weighs whether compelling disclosure would impair the public's ability to receive information through investigative reporting.
A fundamental protection under the First Amendment that safeguards the receipt of information and ideas, regardless of their social worth, as essential to a free society. The right operates in contexts such as private possession of materials and public access to proceedings that enable informed participation.
Each sense below has its own examples, sources, and questions.
1
What burden does a member bear when challenging an association's denial of information access?+
A member must prove that the association breached its duty and that the breach caused harm. The burden applies unless the action is ultra vires.
Branzburg v. Hayes408 U.S. 665 (1972)
Public Trial Access Denied
Rina Rahman, a newspaper reporter, is excluded from a criminal trial closed by the judge. She petitions for access, asserting that closure prevents the public from receiving information about judicial proceedings. The court assesses whether the closure order unduly restricts receipt of information essential to open government.
Richmond Newspapers, Inc. v. Virginia448 U.S. 555 (1980)
Source Identity Revealed Despite Promise
Rita Russell, a news source, sues after a reporter discloses her identity despite an agreement of confidentiality. She claims the breach chills future willingness to provide information to the press. The court considers whether enforcement of the promise protects the broader right to receive information from anonymous sources.
Cohen v. Cowles Media Co.501 U.S. 663 (1991)
Juvenile Proceeding Closed to Press
Roberto Reyes, a newspaper publisher, challenges a court order barring press coverage of a minor's trial. He contends the closure prevents the public from receiving information about the administration of justice. The court determines whether the order violates the right to receive information through open proceedings.
Globe Newspaper Co. v. Superior Court457 U.S. 596 (1982)
Frequently Asked3
Does the constitutional right to receive information protect possession of materials in the home?+
Yes. The First Amendment prohibits criminalizing private possession of obscene material because the right to receive information and ideas is fundamental.
How does the right to receive information interact with reporter privilege claims?+
The right supports arguments that forcing disclosure of sources would impair the flow of information to the public, though the privilege is not absolute.
Can closure of criminal trials violate the right to receive information?+
Yes. The public and press have a right of access to criminal trials that enables receipt of information about judicial proceedings.
5 U.S. (1 Cranch) 137 (1803)Property
…whether such commissions had been in the office or not could not be a confidential fact; it is a fact which all the world have a right to know. If he thought any of the questions improper he might state his objections. Mr. Lincoln prayed time till the next day to consider his answers and the court granted it. The next morning Mr.…