Emilie Kiser asks to 'grieve in private.' Why public records could be released anyway.

As Emilie Kiser sues to prevent the release of records about her son's death, an Arizona judge will weigh whether the influencer's right to privacy outweighs the public's right to access.

Kiser's 3-year-old son Trigg died on May 18 after days earlier he was pulled from a backyard pool in Chandler, Arizona, police previously confirmed to USA TODAY.

In a lawsuit filed in Arizona Superior Court for Maricopa County on May 27, Kiser is pushing to keep records about what the lawsuit referred to as an accidental drowning, out of public view.

Kiser's attorneys said in the filing that she and her family "desperately want to grieve in private, but sadly, the public will not let them," adding that her son's death "has become a media frenzy."

However, the lawsuit is still slated to go through the court, and a judge could rule to release the records anyway.

"It's going to vary from case to case — a ruling like this, it's in the judge's discretion," Craig Weiner, a partner at Blank Rome law firm, told USA TODAY.

What are public records? Why are police reports public?

Across the country, documents such as police reports and 911 calls are public record, meaning they must be accessible to the public. The general reason for this is to keep citizens aware of their government, according to the Cornell Legal Information Institute.

At the federal level, the Freedom of Information Act requires government agencies to disclose information to the public. Each state, however, has its own laws in place around what kinds of records can be released.

In some cases, like Kiser's, individuals can ask a court to seal records that would ordinarily be public.

Kiser's lawsuit said more than 100 requests were filed with the City of Chandler and the Maricopa County Medical Examiner’s Office for access to public records related to Trigg's death. USA TODAY filed a request on May 15 — three days after the initial drowning call — with the City of Chandler for access to the police report.

However, there are stipulations around the release of public records, and police often redact portions of these items. In Arizona, for example, officials can redact parts of video recordings to protect a victim's rights, according to Arizona's legislature.

What does Arizona's law say?

In Arizona, a court can rule to keep public records private if the release could cause "substantial and irreparable private or public harm," according to the Arizona Legislature.

Kiser's lawsuit alleges that the records have been requested for "commercial purposes," rather than the purpose of monitoring the government.

Arizona law does not consider requesting records for the purposes of news gathering to be a commercial purpose, according to Arizona Ombudsman Citizens' Aide.

Kiser's internet fame could impact decision

The fact that Kiser is an individual with a public persona could likely play into a judge's decision in this case, Weiner told USA TODAY.

"The public has an interest in newsworthy events," Weiner said. "This is a high profile person. They are in the news. And what makes it even more, they put themselves out there."

Because influencers publicize their lives for the purpose of monetization, Weiner said Kiser's career could be a factor.

"I assume that this influencer monetizes their social media," Weiner said. "So to try to claim it that a news story is a commercial purpose, I don't see it."

While everyone has a right to privacy, a judge may be more inclined to ensure that right to a private citizen over a public figure like an influencer, Weiner said.

"The difference here is what they're sharing," Weiner said. "You can't turn around and say, 'this is affecting my privacy' when you posted a picture of your house and your kids."

'A parent's worst nightmare'

Still, Weiner said Kiser did the "right thing by going to the judge."

"They're concerned that the publication of it will cause all types of stress, emotional distress to to the family, to the parents," Weiner said.

The lawsuit says the release of the records would be a "profound invasion of privacy" and cause "irreparable harm" to Kiser's family.

Kiser is "going through a parent’s worst nightmare right now," the lawsuit said.

"Emilie is trying her best to be there for her surviving son, two-month-old Theodore," it said. "But every day is a battle."