6. Multi-state or regional bodies.

No express statutory provisions cover these bodies, and no cases have addressed the applicability of the Act to such bodies. However, pursuant to analogous case law, the Act would apply to such bodies if Georgia's participation on any such body were pursuant to the laws of this state and served some public function. O.C.G.A. 50-14-1(a)(1)(D). See, e.g., Northwest Ga. Health Sys. v. Times-Journal, 218 Ga. App. 336, 461 S.E.2d 297 (1995) (Act applies to non-profit corporation operating public hospitals); Jersawitz v. Fortson, 213 Ga. App.

B. Gag orders on the press



Pursuant to well-established law under the First Amendment to the United States Constitution and the Georgia Constitution, the entry of an order restricting speech about litigation can only be supported where: (1) record evidence establishes a serious, imminent threat to the administration of justice; and (2) the order is narrowly drawn to minimize that threat. Nebraska Press Ass’n v. Stuart, 427 U.S. 539, 562 (1976).

1. Athletic records.

Public school athletic program records are subject to the Act’s disclosure requirements.

2. Discussion of each exemption.

a. Records specifically required by the federal government to be kept confidential.

1. Does the law provide expedited procedure for reviewing request to attend upcoming meetings?

The Act does not specifically require courts to give priority to litigation to enforce the Act but expedited treatment may be sought and is often afforded depending upon the facts of the particular case.

e. Social media and online discussion boards.

No statute or reported case specifically addresses meetings held via social media or online discussion board. However, the Georgia Supreme Court has consistently held that the Act "must be broadly construed to effect its purpose of protecting the public and individuals for closed-door meetings." See, e.g., Kilgore v. R.W. Page Corp., 261 Ga. 410, 405 S.E.2d 655 (1991). Additionally, the Georgia Court of Appeals has indicated that a "meeting" may be conducted "by written, telephonic, electronic, wireless, or other virtual means. Claxton Enter. v.

(2). Do subsequent steps need to be in writing?

The Act does not specifically address the proper method for memorializing subsequent steps in the request process. However, it is advisable to commit further correspondence to writing in order to avoid possible disputes regarding the nature or timing of the request.

1. Do text messages and/or instant messages constitute a record?

Yes, the Act expressly applies to “computer based or generated information.”