Text messaging

Governments continue to come up with new ways to prevent access to records

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10

AP Photos by Mike Groll, Kevin Wolf

Gov. Andrew Cuomo; Lisa Jackson

If the back and forth between public records requesters and government officials can be likened to a game, a series of recent cases involving disputes over whether particular records are public highlights what transparency advocates says is a constant problem: the rules are always changing.

Lawyer who released texts to paper faces possible contempt

Kristen Rasmussen | Secret Courts | Feature | February 27, 2012
Feature
February 27, 2012

An attorney who opposes an Ohio city prosecutor accused of racial discrimination is facing possible contempt charges after he released text messages involved in the lawsuit to two local newspaper reporters.

The attorney, Scott Cochran, and his client, the Islamic Society of Greater Youngstown, are accused of releasing the documents in violation of a court order requiring that any personal information contained in the records be redacted before their public release.

Utah governor likely to sign repeal of new records law

Lyndsey Wajert | Freedom of Information | Feature | March 29, 2011
Feature
March 29, 2011

The fight surrounding an amendment to Utah’s open government law ended Friday when the state legislature passed a bill that officially repeals the controversial measure H.B. 477, but the future of Utah's records law remains uncertain.

Legislators passed H.B. 1001 Friday during a special session called by Utah Gov. Gary Herbert. H.B. 1001 repeals H.B. 477, and allows the state to restart the process of amending Utah's open records laws.

Utah governor signs controversial FOIA bill

Kacey Deamer | Freedom of Information | Feature | March 9, 2011
Feature
March 9, 2011

Utah Gov. Gary Herbert signed into law Tuesday night a bill that amends the state's open records law to allow for more government privacy. The controversial House Bill 477 moved swiftly through the Utah Legislature late last week, but was recalled by the Senate on Monday to delay the date it goes into effect due to pressure from the governor, citizens and transparency advocacy groups.

Reporters Committee joins outrage over enactment of Utah records law

Press Release | March 9, 2011
March 9, 2011

Despite petitions, rallies, letters, phone calls, social media campaigns, media editorials and personal outreach asking him not to do it, Utah Gov. Gary Herbert Tuesday evening signed into law House Bill 477, which severely curtails government transparency. Joining the outrage over the signing was the Reporters Committee for Freedom of the Press, which had earlier written to the governor asking him to veto the bill.

Utah governor urged by Reporters Committee to veto bill curbing transparency

Press Release | March 7, 2011
March 7, 2011

The Reporters Committee for Freedom of the Press is urging Utah Gov. Gary R. Herbert to veto legislation that if enacted would “only invite greater government secrecy and back-room dealings” and leave Utah as the only state to take such draconian provisions against openness.

In a letter sent to Gov. Herbert today, Reporters Committee Executive Director Lucy A. Dalglish called on the governor to “side with the people of Utah and veto this bill.”

Justices say government employers can audit employee texts

Mara Zimmerman | Privacy | Feature | June 17, 2010
Feature
June 17, 2010

The U.S. Supreme Court on Thursday ruled that a police department had the authority to search an officer's text messages that were sent using a department-issued pager.

Police Sergeant Jeff Quon could not reasonably "conclude that his messages were in all circumstances immune from scrutiny," wrote Justice Anthony M. Kennedy for the court. Though the court’s ruling was unanimous, two justices wrote separate opinions explaining their reasoning.

Justices consider 'personal' texts sent on government devices

Miranda Fleschert | Freedom of Information | Quicklink | April 20, 2010
Quicklink
April 20, 2010

The U.S. Supreme Court heard arguments on Monday about whether government employers violated employees’ privacy rights by reading personal text messages sent from government-issued devices. The outcome of the case could have an impact on how public-records laws are interpreted.

Supreme Court to decide whether text messages are private

Kirk Davis | Privacy | Quicklink | December 14, 2009
Quicklink
December 14, 2009

The Supreme Court announced Monday it will hear a case about whether employee text messages sent on employer-issued phones are private.

The case began when a police chief in Ontario, California, read sexually explicit text messages sent between officers. Though the city claims it told employees, including police officers, their electronic communications could be reviewed, four officers sued the police department, claiming the review violated their privacy rights.

Colorado police department denies request for electronic messages

Caitlin Dickson | Freedom of Information | Quicklink | July 13, 2009
Quicklink
July 13, 2009

A local Colorado police department has refused a television station's request for instant messages exchanged between officers, saying they do not constitute public records.

According to a memo sent to Westminster police employees, a random internal audit of the  department's internal electronic messaging system revealed that employees were sending messages containing derogatory or otherwise sexually offensive comments, sometimes about each other.