R3E4

In the analogous situations of emails, it is the subject matter of the message that determines whether it is a public record. Burton v. Mann, 74 Va. Cir. 471, 474 (2008).

There is no statutory or case law addressing this issue.

Although there are no reported cases in New Jersey dealing with text messages or instant messaging in this context, there is no reason to believe that they would be treated any differently than e-mail. 

(This section is blank. See the point above.)

There is no specific statutory provision covering text messages or instant messages, and there are no reported cases.

There is no statute or case law addressing this issue but without a public database or public equipment the statue does not seem to apply.

There are no cases dealing with private matters discussed in text or instant messages on government hardware. It is possible, however, that the West Virginia Court may require disclosure upon a finding that private matter text or instant messages have been used as a ruse to conduct public business while avoiding FOIA disclosure requirements.

There is no statutory or case law addressing this issue.

(This section is blank. See the point above.)

(This section is blank. See the point above.)