Freedom of Information

Reporters Committee urges Kentucky high court to reject expansion of public records law privacy exemption

Press Release | January 29, 2013
January 29, 2013
Reporters Committee urges Kentucky high court to reject expansion of public records law privacy exemption

The Reporters Committee for Freedom of the Press, along with The E.W. Scripps Company, filed a friend-of-the-court brief in the Kentucky Supreme Court on Monday arguing that an individual does not have a right to to block access to otherwise public records simply because they were generated decades ago.

Lawson v. Office of the Attorney General

January 28, 2013

Media organizations in 2008 sought the release of a proffer statement given by Leonard Lawson in 1983 when Kentucky officials were investigating antitrust allegations. Lawson sued to enjoin the release of the record, arguing that the privacy and law enforcement exemptions of the state public records law applied. The trial court held that neither exception was applicable, ordering the release of the document. Lawson argues that the privacy exception should apply because the time lapse between when the document was created and when it was created increases the privacy harm.

Redacted child fatality records will be made public, Tenn. judge rules

Lilly Chapa | Freedom of Information | News | January 25, 2013
News
January 25, 2013

A Tennessee judge ruled this week that the state Department of Children’s Services must make public child fatality records, allowing news organizations to investigate the high number of fatalities of children under the state’s care.

Maryland high court rules racial profiling complaints can be disclosed

Lilly Chapa | Freedom of Information | News | January 24, 2013
News
January 24, 2013

Maryland's highest court today ruled that redacted state police records of racial profiling complaints can be made public under the state’s Public Information Act in Maryland Department of State Police v. Maryland State Conference of NAACP Branches.

NY gun law restricts public access to gun owner data

Lilly Chapa | Freedom of Information | News | January 16, 2013
News
January 16, 2013

New York’s sweeping new gun control bill, signed into law on Tuesday, will allow gun owners to keep the fact that they own a weapon private, changing the previous version of the law that required such records to be public.

Tenn. court to review child death records withheld from public

Lilly Chapa | Freedom of Information | News | January 8, 2013
News
January 8, 2013

A Tennessee judge in the Davidson County Chancery Court heard arguments Tuesday over whether she should make public controversial child fatality records held by the state's Department of Children's Services.

McBurney v. Young

January 2, 2013

After two non-state residents requested records under Virginia’s Freedom of Information Act, Virginia officials denied the requests because they were not citizens of Virginia. The first, a former Virginian, was seeking records about delinquent child support payments he was due. The second, a California businessman, was seeking records for his data brokerage firm. After both requests were denied, the parties filed a lawsuit arguing that the VFOIA's citizenship requirement violated the Privileges and Immunities Clause and Dormant Commerce Clause of the U.S. Constitution.

Tennessee nonprofit found subject to public records laws

Lilly Chapa | Freedom of Information | News | December 12, 2012
News
December 12, 2012

A Tennessee court has ruled that a private nonprofit athletic association is the equivalent of a government agency, making it subject to public records laws.

The (Nashville) City Paper filed a petition in the Chancery Court for Davidson County seeking access to information from the Tennessee Secondary School Athletic Association, which had previously denied the newspaper’s request, arguing that it is not a public government entity.

Ark. Supreme Court reverses lower court decision that state open meetings law was unconstitutional

Lilly Chapa | Freedom of Information | News | December 7, 2012
News
December 7, 2012

The Arkansas Supreme Court on Thursday overturned a lower court’s decision that the open meetings provisions of the state’s Freedom of Information Act is unconstitutional, stating that questions about how the law applies to changes in technology and other concerns should be taken to the legislature, not the court.

But the Supreme Court also upheld the circuit court’s ruling that local government officials did not violate the Act when an administrator met with city board members in a series of one-on-one meetings.

Study finds more than half of federal agencies' FOIA rules do not meet legal requirements

Lilly Chapa | Freedom of Information | News | December 4, 2012
News
December 4, 2012

More than 60 percent of federal agencies have not responded to calls by Congress or President Barack Obama to update their Freedom of Information Act regulations, according to a National Security Archive report released today.