Tuesday, July 19, 2005
The phony "precedent" argument about privilege
This fully exposes the fallacy of Taft's main justification:
Taft spokesman Mark Rickel has said the memos sought by Dann contain personnel information, legislative strategies or economic development prospects.
Rickel said their release could hamper the ability of future governors and their cabinet members and staff from communicating freely.
David A. Goldberger, an Ohio State University law professor, said that as long as the records are released voluntarily and not under court order, it should not set a bad precedent.
"The Ohio Public Records Act is much more inclusive and requires much more disclosure than federal disclosure statutes,'' he said.
"Is it really the internal operations of government that they're concerned about, or are they afraid to be embarrassed?'' asked Goldberger, who specializes in constitutional law, including the First Amendment.