investigative exemption

28 Mar, 2016

News-Sentinel Editor Jack McElroy on police records and the Supreme Court decision

By |2018-08-06T08:47:25-05:00March 28, 2016|Categories: crime records, investigative exemption, public records lawsuits Tennessee|Tags: , , |0 Comments

From Jack McElroy, editor of the Knoxville News Sentinel, in a column published Sunday: Jack McElroy Boy, did Gary Wade touch a nerve. The former Supreme Court justice dissented in the media's lawsuit to see police records in the Vanderbilt rape case, and that really hacked off his fellow justices. First, some background. The Tennessee Public Records Act declares that all records are open to the public, "unless otherwise provided by state law." The Legislature has passed scores of exemptions. But "state law" also includes the constitution, court rulings, common law, and regulations based on law. In the Vanderbilt case, the News Sentinel joined a coalition seeking information [...]

17 Mar, 2016

Tennessee Supreme Court says police records in active cases may be withheld from the public

By |2018-08-06T08:47:57-05:00March 17, 2016|Categories: crime records, investigative exemption, public records lawsuits Tennessee|Tags: , , , , , |0 Comments

The Tennessee Supreme Court ruled today that any record that is part of an active police department’s criminal investigation may be withheld under the state's public records laws. Justice Sharon Lee The opinion written by Chief Justice Sharon G. Lee gave only brief nod to the media’s role in reporting about crime and law enforcement. Instead, she said the Tennessee Rules of Criminal Procedure, which are written by the Tennessee Supreme Court, govern access to police files until a criminal case is over and all appeals are exhausted. “The media plays an important and necessary role in holding government officials accountable. Yet, the General Assembly has rightly recognized that [...]

29 May, 2015

Supreme Court case will decide public access to police files

By |2018-08-06T08:57:49-05:00May 29, 2015|Categories: crime records, investigative exemption, public records lawsuits Tennessee|Tags: |0 Comments

NASHVILLE, Tenn. (AP) - News media organizations on Thursday asked the Tennessee Supreme Court to rule that some police records should be open to the public, even during an investigation and trial, while attorneys for the government argued that court rules put those records off-limits. The Tennessean requested police records involving former Vanderbilt football players charged in the 2013 rape of a fellow student in a campus dormitory. Metro Nashville Police denied the request and the newspaper sued, along with other news media organizations, including The Associated Press. At a Thursday hearing, government attorneys argued that a court rule protects evidence in a police file from public scrutiny until after [...]

11 Jun, 2014

Court of Appeals considers access to crime records in Tennessee

By |2021-02-02T10:35:57-06:00June 11, 2014|Categories: crime records, investigative exemption, public records lawsuits Tennessee|Tags: , , , , , , , , , , , , |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 [...]

30 Apr, 2014

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

By |2018-08-06T08:49:03-05:00April 30, 2014|Categories: crime records, investigative exemption, public records lawsuits Tennessee|Tags: , , , |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 [...]

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