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Public Access to Legislative Information Eddie Weeks Legislative Librarian Tennessee General Assembly

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Page 1: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the

Public Access

to Legislative Information

Eddie Weeks

Legislative Librarian

Tennessee General Assembly

Page 2: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the
Page 3: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the
Page 4: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the
Page 5: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the

Public Access

to

Legislative Information

Page 6: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the

Speed Bump by Dave Coverly

Page 7: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the
Page 8: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the
Page 9: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the

Public Access

to

Legislative Information

Page 10: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the

“WELL, THAT DEPENDS… ARE YOU

ASKING ABOUT THE DICTIONARY

DEFINITION OR THE INTERNET

DEFINTION OF “PRIVACY”?”

Page 11: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the
Page 12: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the

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.”

Page 13: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the

Public Access

to

Legislative Information

Page 14: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the
Page 15: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the
Page 16: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the
Page 17: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the
Page 18: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the
Page 19: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the
Page 20: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the
Page 21: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the
Page 22: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the
Page 23: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the
Page 24: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the
Page 25: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the

Public Access

to

Legislative Information

Page 26: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the
Page 27: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the

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.”

Page 28: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the
Page 29: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the

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…”

Page 30: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the

“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.”

Page 31: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the

“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…”

Page 32: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the
Page 33: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the
Page 34: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the
Page 35: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the

(Previous slides from

gizmodo.com and

infocus.com,

“World’s Worst

PowerPoint Slides”

competition)

Page 36: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the
Page 37: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the
Page 38: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the

“WHO SAYS THE GOVERNMENT

DOESN’T HAVE AN IRONIC

SENSE OF HUMOR…”

Page 39: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the
Page 40: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the
Page 41: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the
Page 42: Public Access to Legislative Information GRAND JURY” (April 2002) ... competing duty to act in the public interest.” “In Re: A WITNESS BEFORE THE SPECIAL GRAND JURY” “…the

Thank

you.