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AHCJ joins organizations concerned with Texas A&M open-record restrictions Date: 01/03/11

The Association of Health Care Journalists has signed on to a letter criticizing a proposal by the Texas A&M University System that would result in punishment for journalism instructors who assign students to file open-records requests with institutions in the A&M University System. Fifteen journalism organizations signed the letter to officials with the university system and Tarleton State University, where journalism students recently used public records to report on problems with the campus' crime reporting.

The letter:

Dec. 23, 2010

Chancellor Mike McKinney,
Texas A&M University System

President Dominic Dottavio,
Tarleton State University

Dr. Gary Peer,
Provost and Vice-President for Academic Affairs, Tarleton State University

Dear Chancellor McKinney, President Dottavio, and Provost Peer:

The undersigned organizations, representing thousands of journalists and journalism educators across this country, join in concerns that have previously been expressed to you regarding proposed actions at your institutions that could result in punishment for journalism instructors who assign their students to file open-records requests with institutions in the A&M University System.

It seems no coincidence that the System's new policy interpretation follows closely on the heels of stories developed by the students of journalism instructor Dan Malone that uncovered problems in crime reporting on the Tarleton State campus and that inquired into the reasons for cancellation of a highly controversial student play. It is unconscionable that a public university would seek to use bad and potentially illegal policies in order to squelch investigations by its own students, who appear to have performed a valuable public service in holding our government accountable to its citizens.

We believe that the basic regulation in question, which bans System employees, in their official capacities, from filing open-records requests with System institutions, is probably illegal and represents an unauthorized limitation on the policy set out in the state's Public Information Act, which entitles each citizen, except as expressly limited by law, to "complete information at all times about the affairs of government." Beyond the question of legality, however, the rule is simply bad public policy. There appears to be no compelling public interest that would justify the university in constraining the exercise of so important a right expressly conferred by the Texas Legislature.

Moreover, the recent interpretation of the policy that would ban instructors from directing their students to file such records requests is particularly egregious. We believe that interpretation violates not only the Public Information Act, but the free-speech rights and academic freedom of the instructors. It is in fact the duty of journalism instructors to teach their students - as indeed all citizens should be taught - about how to obtain public records under state law. Investigating the activities of government is one of the most important roles that journalists play, and one that should be honored by universities that teach journalism - and most certainly by public institutions supported by tax dollars.

We urge you to reconsider the policy in question and its proposed interpretation, and to assure the public, your students, and journalism instructors such as Malone that the Texas A&M System supports open government, academic freedom, and the teaching of watchdog journalism that is so critical to the continuing health of our democracy.

Sincerely,

Journalism and Women Symposium

Society of Environmental Journalists

UNITY Journalists of Color

National Press Foundation

Associated Press Managing Editors

National Society of Newspaper Columnists

National Conference of Editorial Writers

National Press Photographers Association

National Association of Black Journalists

Education Writers Association

Online News Association

Association of Health Care Journalists

North American Agricultural Journalists

The First Amendment Committee, American Society of Journalists and Authors

College Media Advisers