2 Comments to 'Can sunshine sometimes lead to a chill?'
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George Korda argues that the state’s position - that communications between constituents and elected officials are subject to open records laws - will lead to a chill in discourse:
The purpose of the First Amendment is to protect individuals from government. A ruling like Ann Butterworth’s sets up government being protected from the private complaints, concerns or questions a constituent might share with his or her county commissioner.
This mess began when DeFreese made a comment that she had received “countless” contacts from people concerning spending in County Mayor Mike Ragsdale’s office. It was clearly hyperbole meant to cast a further shadow on the mayor, whom DeFreese apparently regards about as favorably as a root canal without anesthetic. (She has tried to get her commission colleagues to call for Ragsdale’s resignation, and she is a party in the ouster suit filed to try to remove Ragsdale from office.)
Ragsdale’s office demanded from DeFreese, according to the News Sentinel, “any and all correspondence you have received related to spending issues in county government” as well as “records regarding phone calls … including hand-written notes, telephone logs or any other related documentation.”
The mayor’s office said it merely wanted to be able to contact her constituents with the mayor’s side of the story.
As Austin Powers’ nemesis, Dr. Evil, might skeptically say, “RRiigghhtt.”
What do you think?
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Bad Behavior has blocked 1386 access attempts in the last 7 days.
I think George is exactly right.
If I want to have a private conversation/communication with one of my elected representatives that should be the same as a communication with my physician, attorney, accountant, etc., that is, no one’s business but theirs and mine.
Bad law
There are already whistlerblower and confidential information laws to protect legitimate privacy. People can express their concerns verbally by phone or in person to prevent creating a record. They can communicate their written concerns with letters with no return address or free email accounts.