public records lawsuits Tennessee Archives - Page 17 of 20 - Tennessee Coalition for Open Government

11 Jun, 2014

Court of Appeals considers access to crime records in Tennessee
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Court of Appeals considers access to crime records in Tennessee

crime records, investigative exemption, public records lawsuits Tennessee

Court of Appeals considers access to crime records in Tennessee

By Deborah Fisher|2021-02-02T10:35:57-06:00June 11, 2014|Categories: crime records, investigative exemption, public records lawsuits Tennessee|Tags: Doug Pierce, Frank G. Clement Jr., Janet Kleinfelter, Maria De Varenne, Nashville, Richard Dinkins, Rick Hollow, Robb Harvey, Tennessee Association of Broadcasters, Tennessee Press Association, The Tennessean, Vanderbilt rape case, W. Neal McBrayer|0 Comments

By Deborah Fisher, TCOG Executive Director Spectators packed the courtroom June 9 for oral arguments in the appeal of the public records case, The Tennessean et al v. Metro Government of Nashville. The petition was brought by The Tennessean and a media coalition after it requested to see crime records collected by police concerning an alleged rape at Vanderbilt University, and were denied access. So many people filled the rows of the appellate court that it prompted Judge Frank G. Clement to make a light note that the court usually doesn’t draw such a crowd. But the room quickly grew serious as lawyers began their arguments and the three appellate judges [...]

3 Jun, 2014

Newspapers, broadcasters file amicus briefs in public records case

By Deborah Fisher|2014-09-12T15:00:59-05:00June 3, 2014|Categories: crime records, public records lawsuits Tennessee|Tags: Tennessee Association of Broadcasters, Tennessee Press Association, Vanderbilt rape case|0 Comments

The Tennessee Association of Broadcasters and the Tennessee Press Association have both filed amicus briefs in the public records case on appeal involving police files of the Vanderbilt rape case. Representing broad swaths of media throughout the state, both make arguments that any exemption to the Tennessee Public Records Act created by the Rule of Criminal Procedure 16(a)(2) is limited to records not discoverable by the defense under the rule. The rule governs what categories of police evidence the defense in a criminal trial is entitled to see, and what evidence they are not entitled to see. But in the years following a 1987 Tennessee Supreme Court Decision, Appman v. [...]

7 May, 2014

Behind the TSSAA ruling: Preserving public oversight over government functions
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Behind the TSSAA ruling: Preserving public oversight over government functions

functional equivalent, public records lawsuits Tennessee

Behind the TSSAA ruling: Preserving public oversight over government functions

By Deborah Fisher|2020-02-23T10:11:33-06:00May 7, 2014|Categories: functional equivalent, public records lawsuits Tennessee|Tags: Claudia Bonnyman, Court of Appeals, Frank G. Clement Jr., functional equivalent, John Williams, litigation, non-government agencies, Southcomm, Steve Cavendish, The Commercial Appeal, TSSAA|1 Comment

An Appeals Court finds that regulating high school sports is a government function, so the regulator should be subject to open records law. Should the agency that regulates high school athletic competitions in Tennessee – making rules, conducting investigations, deciding eligibility and collecting millions of dollars in gate receipts – be subject to the same public scrutiny as public high schools and school boards? The Court of Appeals in Nashville said yes in a significant April 30 decision that opens up records of an organization that touches nearly every community in the state. The City Paper in Nashville two years ago sought records from the Tennessee Secondary School Athletic Association’s [...]

1 May, 2014

Appeals court: TSSAA subject to Public Records Act

By Deborah Fisher|2020-02-23T10:11:53-06:00May 1, 2014|Categories: functional equivalent, public records lawsuits Tennessee, schools|Tags: Claudia Bonnyman, Court of Appeals, Frank G. Clement Jr., functional equivalent, litigation, schools, Southcomm, TSSAA|0 Comments

The Tennessee Secondary School Athletic Association meets the standards of a "functional equivalent" of government and therefore is subject to the Tennessee Public Records Act, an appeals court in Nashville ruled today. The decision means the organization, which was created in 1925 and has an annual budget of $5 million, must abide by the same rules as government agencies when it comes to access to its records. Court of Appeals Judge Frank G. Clement Jr. The case arose in 2012 after TSSAA refused to give The City Paper records related to an investigation into tuition for athletes at Montgomery Bell Academy, arguing it was not subject to the [...]

30 Apr, 2014

Will Vanderbilt rape case provide answer to nagging public records question?

By Deborah Fisher|2018-08-06T08:49:03-05:00April 30, 2014|Categories: crime records, investigative exemption, public records lawsuits Tennessee|Tags: crime records, sexual assault records, Tennessee Press Association, Vanderbilt rape case|0 Comments

By FRANK GIBSON Public Policy Director for Tennessee Press Association As unbelievable as it might sound, it has taken 27 years to find a case to challenge the way local law enforcement has abused and exploited a state Supreme Court ruling to make it difficult for the press to cover crime in our communities. Reporters and editors will recognize it as the “matter under investigation” excuse for denying public records. Contrary to what a sizeable segment of Tennessee’s law enforcement community thinks, it is really not an blanket exemption to our Public Records Act. A case called Appman v. Worthington has been the bane of editors and reporters, particularly police [...]