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Ohio Supreme Court, Texas Legislature Stand for Transparency at Private Colleges
As part of the invaluable work to help protect and empower student media nationwide, the SPLC aims to by ensuring their records are publicly available. Last week, the SPLC reported on two victories: The Ohio Supreme Court and Texas lawmakers both took stands for transparency at private colleges, facilitating student journalists鈥 access to information they may need to thoroughly report on important issues.
would establish that a 鈥渃ampus police department of a private institution of higher education is a law enforcement agency and a governmental body鈥 for purposes of determining what constitutes a public record. Senator John Whitmire, who introduced the bill, was motivated by his concern that private universities鈥 police departments have the same authority as public police departments but could by withholding their records. The Texas Public Information Act prevents other law enforcement agencies from similarly having their cake and eating it too.
In March, the Texas Senate unanimously approved SB 308, and on May 19, the House of Representatives also of the bill. It now awaits Governor Greg Abbott鈥檚 signature.
Also this month, the that Otterbein University鈥檚 police department must comply with public records requests鈥攄espite Otterbein being a private institution鈥攂ecause law enforcement is 鈥渉istorically a government function.鈥 The police department, therefore, is 鈥渁 public office for purposes of the Public Records Act.鈥
The court鈥檚 ruling came as a result of a lawsuit filed in 2014 by Anna Schiffbauer, who had requested university police reports during her time as editor of a student-run Otterbein news website. Her request was denied, but Ohio鈥檚 attorney general, Mike DeWine鈥攁nd a majority of the court鈥攁greed with Schiffbauer that it shouldn鈥檛 have been. in his brief: 鈥淭he Otterbein P.D. is a fully empowered police department, and the records of law enforcement functions at this level are not private records鈥攖hey are the people's records.鈥
Unfortunately, not all recent judgments are as friendly to the student press and the general public. Last month, St. Joseph County Superior Court Judge Steven Hostetler of Indiana ruled that under state law, the University of Notre Dame鈥檚 police department was and therefore did not have to release its records. However, Hostetler also suggested that Indiana鈥檚 lawmakers may consider writing legislation to change the law.
As the in its coverage of the issue, are already considering a bill like Texas鈥檚. Between this type of legislation and bills to protect student journalism more broadly (like North Dakota鈥檚 recently enacted John Wall New Voices Act), state legislators can pack a powerful punch when it comes to defending freedom of the press on college campuses. As always, FIREapplauds the SPLC for its important work advocating for a free press, the lawmakers introducing and supporting speech-protective bills, and the students who are willing to fight for their rights in court.
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