Rule 12 grants access to judges’ emails, payroll information
By Angela Morris Texas Lawyer Originally published Sept. 19, 2014 Lawyers might be interested in a little-known tool to request copies of courts' administrative records such as emails, calendars and payroll records. During a Sept. 12 panel at the Freedom of Information Foundation of Texas annual conference, solo Joel White said that in 1998 he helped draft the tool—Rule 12 of the Rules of Judicial Administration. The Texas Public Information [...]
Texas court tosses out ‘improper photography’ law as a free speech violation
By Chuck Lindell Austin American-Statesman Originally published Sept. 17, 2014 The state’s highest criminal court on Wednesday tossed out a state law banning “improper photography” — photos or videos taken in a public place without consent and with the purpose of sexual gratification — as a violation of free-speech rights. In an 8-1 ruling, the Texas Court of Criminal Appeals said photos, much like paintings and films, are “inherently expressive” and [...]
Commentary: Why we need FOIA reform now
By Anne L. Weismann Roll Call Originally published Sept. 17, 2014 Congress has returned from a month-long recess with a full plate and few legislative days left. Although it faces many competing priorities, Congress must pass the FOIA Improvement Act of 2014, a bill that enjoys bipartisan support in both the House and the Senate. If enacted, this legislation truly will be a game changer, restoring the Freedom of Information [...]
Former ‘Eagle’ editor, publisher Donnis Baggett honored at FOI Foundation conference
The Eagle Staff Report Originally published Sept. 13, 2014 Veteran journalist Donnis Baggett, former publisher and editor of The Eagle, was honored Friday by the Freedom of Information Foundation of Texas for his work in fighting for open government and the First Amendment. Baggett, who is executive vice president of the Texas Press Association, leads the group's governmental affairs program, which focuses on protecting open records, open meetings and public [...]
Legal contracts, details of Perry’s representation, now secret
By Angela Morris Texas Lawyer Originally published Sept. 9, 2014 When Gov. Rick Perry, facing two felony charges, chose to pay his lawyers from his campaign account instead of using state funds, the move eased the burden on taxpayers but also drew a veil of secrecy across details of Perry's representation. Using the Texas Public Information Act, Texas Lawyer asked the Office of the Governor for legal contracts and payment [...]
Free speech case springs from fracking dispute
By Jim Malewitz The Texas Tribune Originally published Sept. 5, 2014 Steve Lipsky’s tainted water well had already stirred national debate about the impacts of oil and gas production. Now it stars in a free speech dispute that has landed in Texas’ highest court – the biggest test of a state law meant to curb attempts to stifle public protest. So much methane has migrated into the well on Lipsky’s [...]
First Amendment rights, open government essential to democracy
By Kelley Shannon Executive Director Freedom of Information Foundation of Texas Sept. 4, 2014 Defending the U.S. Constitution is popular these days, when it centers on gun rights, states’ rights or search and seizure protections. As we guard the principles of our nation’s founders, let’s not overlook the all-important First Amendment of the Constitution and its guarantee of free speech and free press, which, along with public access to government [...]
Texas Supreme Court voids order to identify blogger
By Chuck Lindell Austin American-Statesman Originally published Aug. 29, 2014 An Ohio company, seeking to sue a sharply critical blogger who wrote under a pseudonym, cannot use the Texas courts to discover the online author’s identity, a divided Texas Supreme Court ruled Friday. The 5-4 decision voided a Harris County district judge’s ruling that ordered Google Inc., which operated the blog’s online home, to disclose the blogger’s name and address [...]
Donnis Baggett to receive FOI Foundation’s James Madison Award at Sept. 12 conference
FOR IMMEDIATE RELEASE Sept. 2, 2014 AUSTIN - Donnis Baggett, whose career has spanned more than 40 years in Texas journalism, is the recipient of the 2014 James Madison Award presented by the Freedom of Information Foundation of Texas. The award goes to those who have demonstrated outstanding commitment to upholding the principles of the First Amendment. It will be presented Sept. 12 during the John Henry Faulk Awards Luncheon [...]
McAllen noise ordinance prompts First Amendment lawsuit
By Karen Antonacci The Monitor Originally published Sept. 1, 2014 McALLEN — Hector Guzman Lopez pointed to the megaphone slung on his shoulder Monday morning while he explained his freshly-filed lawsuit alleging the city is infringing on his First Amendment rights. But, if he used the megaphone, he could be issued a citation and fined as much as $500, he said. Lopez, through his lawyers Efrén Olivares and Carlos M. [...]
San Antonio Express-News: Freedom of information update vital
San Antonio Express-News Editorial Board Originally published Aug. 28, 2014 SAN ANTONIO — The best measurement of government openness is to track the records it makes public. Since his first day in office, President Barack Obama has talked a good game about government openness, but he has failed to deliver. In fact, his administration has been one of the more secretive, denying and censoring records at a record rate and [...]
City of San Antonio seeks AG opinion on releasing audio evidence in non-discrimination ordinance complaint
By Ryan Loyd Texas Public Radio Originally published Aug. 27, 2014 The city of San Antonio is seeking an opinion from the Texas attorney general's office on whether it must release sensitive audio files under the Public Information Act. The city contends that some of the documents relating to San Antonio’s first non-discrimination ordinance complaint are confidential. Matt Hileman, a transgender man, worked for AT&T as a third-party contract employee [...]
Local officials urge lawmakers to change Texas Public Information Act
Large commercial data requests are slowing down city secretaries and county clerks, who need to be exempt from some Texas Public Information Act requests, those officials told state lawmakers Wednesday. Comal County Clerk Joy Streater told the House Government Efficiency and Reform Committee that the Public Information Act, which dates to the early 1970s, was intended to let taxpayers know how their money is being spent and not for large [...]
Online access to sensitive court records sparks concern
By Kiah Collier Houston Chronicle Originally published Aug. 20, 2014 Harris County court documents in contentious Child Protective Services cases that should be labeled as sensitive, or kept confidential, are being posted online for anyone to see, sparking concerns that abused and neglected children and their caretakers could be put at risk. University of Houston Law Center professor Ellen Marrus, a juvenile law expert, said access to such files online [...]
Light of Day Project: Tarleton student service fee totals top $3.3 million
By Rachel Peoples Texan News Service Originally published Aug. 14, 2014 The average Tarleton student just finished paying around $1,400 in fees for the upcoming semester. Though students are used to shelling out hundreds of dollars each semester to pay for library fees, parking and the like, most probably don’t know where that money goes. Texan News Service decided to trace the trail and we started with the Student Service [...]
Public won when appeals court ruled juvenile murder hearings should have been open
By Jim Witt Fort Worth Star-Telegram Originally published Aug. 19, 2014 The public won a significant “right-to-know” decision last week when Texas’ 2nd District Court of Appeals in Fort Worth unanimously ruled that State District Judge Jean Boyd abused her discretion by closing her juvenile courtroom twice early this year during a murder case. Because the media is part of “the public,” we don’t enjoy any special rights or privileges [...]
Land Commissioner Jerry Patterson, Rep. Todd Hunter to speak at FOI conference
AUSTIN _ First Amendment and open government advocates will address court access, social media usage and updates to public records laws when the Freedom of Information Foundation of Texas hosts its state conference Sept. 12. This year’s conference, “A Road Map to Open Government,” takes place at the Hilton Austin and includes speakers and attendees from throughout Texas. “It’s an opportunity for Texans who are devoted to open government - [...]
New Texas AG ruling keeps governor’s old travel security records secret
By Jay Root The Texas Tribune Originally published Aug. 13, 2014 After critics raised a stink about the tax dollars being spent to provide security for Gov. Rick Perry while he was gearing up to run for president, lawmakers passed a bill in 2011 designed to let Texans know — eventually — what they were getting for their money. Now, thanks to a new ruling from the office of Attorney General Greg Abbott, the Texas [...]
Appeals court rules juvenile hearings should not have been closed
By Deanna Boyd Fort Worth Star-Telegram Originally published Aug. 12, 2014 FORT WORTH — State District Judge Jean Boyd abused her discretion when she barred the media and public from two juvenile court hearings without showing evidence of good-cause, the Fort Worth’s 2nd Court of Appeals unanimously agreed in an opinion released Tuesday. Boyd was ordered to promptly vacate the two closure orders and take immediate steps to make the [...]
State Commission on Judicial Conduct must strike balance between confidentiality, openness at public hearing
By Angela Morris Texas Lawyer Originally published Aug. 11, 2014 Seana Willing, executive director of the state agency that disciplines judges, has mixed feelings about holding the commission's inaugural public hearing on Wednesday. "I think there's a little bit of excitement about it, but also anxiety in that: What if nobody shows up? Then what? But we're excited that people will show up and will provide some helpful information that [...]