Full Brief by the Reporters Committee for Freedom of the Press and the First Amendment Coalition in the University of California’s Appeal in the Ted Agu Football Conditioning Death Cover-Up
March 25, 2022Flashback: Three Stories About the University of California’s Ted Agu Cover-Up That Were Specifically Enabled by Our Successful Public Records Act Lawsuit
March 28, 2022
rcfp.org/briefs-comments/muchnick-v-regents-california/
Our Position: The appeals court should dismiss the university governing board’s appeal or affirm the Superior Court’s decision.
- The Regents’ attempted characterization of Muchnick’s lawsuit as “clearly frivolous” is without merit and seeks to chill future public records litigation.
- The Regents’ interpretation of the Family Educational Rights and Privacy Act as an all-encompassing bar to the disclosure of any records related to students – even those of public interest – is overbroad and, if adopted, would hinder investigative journalism and shield educational institutions from public scrutiny.
Quote: “If educational institutions are permitted to broadly and improperly assert FERPA as a bar to releasing any records related to students, not only will journalists not be able to carry out their duty of reporting on matters of public interest, but the public will be left in the dark.”