First Amendment Records Requests

U.S. Constitution, Amendment 1

The First Amendment to the United States Constitution grants the public a right to access court records and filings that are part of public proceedings.

The Navy has been required to disclose filings and other related documents that a member of the public sitting in open court could have observed or heard, upon receipt of a written request. Such documents or information are subject to limited withholding or redaction based upon a compelling interest of the government.

First Amendment Records Request

The Office of the Judge Advocate General's Criminal Law Division processes First Amendment requests relating to Department of the Navy courts-martial proceedings and responds to requests for records of trial.

Submit a Request

Requesters can submit a First Amendment request by emailing code40@us.navy.mil.

Requesters can also submit a written request to the following address:

Office of the Judge Advocate General

ATTN: First Amendment Actions (Code 20)

1254 Charles Morris Street

Washington Navy Yard, DC 20374-5124

Please see a fillable sample First Amendment Records Request.

Unlike requests under the Freedom of Information Act, documents requested under the First Amendment will be publicly posted rather than sent directly to the requester. Documents will be posted to the JAG Corps online Library as soon as practicable.

Please note, the First Amendment does not require the government to create documents that are not already in existence; therefore, requests for transcripts that are not generated by the government will incur actual costs to the requester. Our processing of such requests will not begin until necessary arrangements have been made involving third party transcription services.