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Police must give disciplinary records to student journalists

Article Abstract:

The Hawaii Supreme Court ruled in State of Hawaii Organization of Police Officers v. Society of Professional Journalists, University of Hawaii Chapter that the Honolulu Police Department could not refuse to provide journalists with access to police disciplinary action records. The police union argued that the collective bargaining agreement superceded the open records law and barred disclosure. Honolulu argued that the request was too burdensome to fulfill. The Court rejected both arguments, finding that privacy interests are preempted by public interests when police misconduct results in suspension or discharge.

Publisher: Reporters Committee for Freedom of the Press
Publication Name: News Media & the Law
Subject: Literature/writing
ISSN: 0149-0737
Year: 1997
Interpretation and construction, Records and correspondence, Hawaii, Police misconduct, Collective labor agreements

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Police, council records must be opened

Article Abstract:

The Idaho Supreme Court found in Federated Publications v. Boise City that investigative reports and administrative reviews prepared by the police department and city council applications were subject to disclosure under state public records laws. The police reports were not covered by the personnel records exemption because the reports were prepared to ensure policy was followed, not to evaluate personnel. The state statute also distinguished between personnel records and applications for public employment.

Publisher: Reporters Committee for Freedom of the Press
Publication Name: News Media & the Law
Subject: Literature/writing
ISSN: 0149-0737
Year: 1996
Idaho

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Motive cannot be considered in deciding to disclose records

Article Abstract:

The New Hampshire Supreme Court ruled in Union Leader Corp. v. City of Nashua that the trial court should not have considered the motive of the plaintiff-newspaper in deciding whether the city's police department must disclose requested records. The trial court weighed the privacy interests of the subject of the report against the newspaper's interest in the information. The high court found that the proper interest to consider is not the newspaper's interest in the information but the public's.

Publisher: Reporters Committee for Freedom of the Press
Publication Name: News Media & the Law
Subject: Literature/writing
ISSN: 0149-0737
Year: 1997
Cases, New Hampshire, Sunshine laws

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Subjects list: Public records, Access control, Laws, regulations and rules, Police reports
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