The Associated Press on Tuesday sued the Administrative Office of the US Courts, arguing that Federal Rule of Civil Procedure 5.2(c) violates the First Amendment to the US Constitution.

Under Rule 5.2(c), “remote access to electronic files” in an action relating to “an order of removal” or “immigration benefits or detention,” among other actions, is restricted. The parties and their attorneys may have access to any portion of the case file, but others may only have access to the docket maintained by the court and no other part of the case file or administrative record. To review the full record, members of the public must visit the courthouse to access the documents and may incur charges to obtain copies.

The AP contends that the rule violates the First Amendment by placing a content-based restriction on speech, “restrict[ing] access to filings based solely on the subject matter of the case—most relevant here, immigration.” Content-based restrictions on speech are highly disfavored under the First Amendment and are subject to strict scrutiny, the most demanding standard of judicial review.

In its complaint, the AP details multiple accounts of traveling to various courthouses across the country to pay for individual documents. In one scenario, an AP reporter had to pay 50 cents per page to print, which is five times the cost of accessing the documents electronically via Public Access to Court Electronic Records (PACER).

The AP also argues that immigration habeas records are subject to a qualified First Amendment right of access under the framework established in Press-Enterprise Co. v. Superior Court. Under that framework, courts consider whether the type of proceeding or record has historically been open to the public and whether public access plays a significant positive role in the process. If a right of access attaches, access may be restricted only when necessary to protect an overriding interest and when the restriction is narrowly tailored to that interest. The AP contends that Rule 5.2(c) cannot satisfy that standard.

The AP emphasizes that the rule “blocks PACER’s instantaneous access to records in immigration cases” and argues that the rule prevents news organizations from reporting promptly on significant immigration detention cases and bringing them to the public’s attention. Also, according to the AP, a detainee may want their records to be made publicly available, particularly if that person is facing mistreatment.

The AP has requested that the court declare that Rule 5.2(c) violates the First Amendment and enjoin the Administrative Office of the US Courts from enforcing the rule in any action or proceeding relating to an order of removal, relief from removal, or immigration benefits or detention.