Tennessee has a rich news media environment with more than 120 traditional subscription-based weekly and daily newspapers, several free newspapers, alternative press, an established black press, 34 television news stations, public and commercial radio stations, niche news outlets focused on single topics such as education or the Tennessee General Assembly, business journals, a new nonprofit news organization in Memphis, a new university-based Institute for Public Service Reporting also in Memphis, independent student-run college newspapers and TV stations, and a variety of one- or two-person digital-only shops run on grants, grit or both.
All of these news outlets use our public records laws, open meetings laws and rights to court records and proceedings for investigative reporting and to simply report on public business.
They are the public's eyes and ears. However, most do not have funds for legal support when denied access to government information or when asked to pay unreasonable fees, even in obvious cases.
But this about to change.
The Reporters Committee for Freedom of the Press, a 50-year-old national organization known for its leadership in supporting journalists, announced this week that it will fund an attorney in Tennessee to provide local newsrooms with direct legal services, including fighting for access to public records.
Tennessee was one of five states selected for RCFP's Local Legal Initiative program, which is funded by a $10 million investment by the John S. and James L. Knight Foundation to strengthen local journalism.
One of the reasons the Reporters Committee chose Tennessee among 45 applicants from 30 states, regions and territories is because enforcement of the public records law here is so difficult. In Tennessee, the only way to enforce the public records and open meetings law when a government entity refuses to follow it is to file a petition in the courts. Unlike in other states, there is no administrative appeals process and no automatic attorney fee award even if a journalist prevails. This makes the process an expensive option for journalists and citizens alike.
The news media has gone to court for decades to defend the public's right to know and to gain valuable public information for reporting. But I've also talked to many journalists who walk away from what is likely a winnable court fight simply because they don't have the funds to challenge the government entity. Even those news organizations with legal resources have to pick and choose the fights they can fund.
Some of the top public records problems faced by journalists in Tennessee are government entities' overly broad interpretations of statutory exemptions, including by the state attorney general's office; overuse of the "investigative exemptions" to shield what should be ordinary administrative public records; excessive delays in production of public records; the refusal to provide access to government electronic data in data format; unreasonable fees for copies of public records; and, recently, application of a "deliberative process" exception to shield state agency records.
Our organization also has noticed questionable claims of trade secrets to keep secret how much government is paying for services or giving away in economic development contracts.
News organizations need resources to fight for the public's right to know.
The Reporters Committee for Freedom of the Press has the experience, history and heft to make a difference in our state.
Deborah Fisher / Contributed photoDeborah Fisher is executive director of Tennessee Coalition for Open Government, a nonprofit which provides education and advocacy for the public records and open meetings laws.