Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the...

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Public Access

to Legislative Information

Eddie Weeks

Legislative Librarian

Tennessee General Assembly

Public Access

to

Legislative Information

Speed Bump by Dave Coverly

Public Access

to

Legislative Information

“WELL, THAT DEPENDS… ARE YOU

ASKING ABOUT THE DICTIONARY

DEFINITION OR THE INTERNET

DEFINTION OF “PRIVACY”?”

McBurney et al v. Young

(April 2013)

Can you deny access to noncitizens and

citizens of another state?

“Virginia’s FOIA exists to provide a

mechanism for Virginia citizens to obtain

an accounting from their public officials;

noncitizens have no comparable need.”

Public Access

to

Legislative Information

Public Access

to

Legislative Information

Los Angeles Times et al

v. California Legislature

(Dec. 2011)

“…even if the requested records might

implicate some deliberative process on the

part of the member with regard to their

individual budgets, the court is persuaded

that the strong public interest in disclosure

outweighs any reasons for keeping the

records secret.”

John and Jane Doe 1-36 et al

v. State of Nebraska (May 2012)

“…not every communication between a

government agency and government

attorneys is protected by attorney-client

privilege.”

“…attorney-client protection is not

available to a government agency simply

because the communication involves the

government’s counsel…”

“In Re: A WITNESS BEFORE THE

SPECIAL GRAND JURY” (April 2002)

“…we are more persuaded by the serious

arguments against extending the attorney-

client privilege to protect communications

between government lawyers and the public

officials they serve…”

“…government lawyers have a higher,

competing duty to act in the public interest.”

“In Re: A WITNESS BEFORE THE

SPECIAL GRAND JURY”

“…the duty of public lawyers to

uphold the law and foster an open and

accountable government outweigh any

need for a privilege…”

(Previous slides from

gizmodo.com and

infocus.com,

“World’s Worst

PowerPoint Slides”

competition)

“WHO SAYS THE GOVERNMENT

DOESN’T HAVE AN IRONIC

SENSE OF HUMOR…”

Thank

you.

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