Deliberative process exemption

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Deliberative Process Exemption
Contents
  1. Explanation
  2. Among the states

Explanation

A deliberative process exemption to open records requests shields from public scrutiny the papers and materials that elected officials use in the course of reaching a decision. There are two clear arguments for this exemption. The first argument for the exemption centers on the notion that public officials should be able to conceal much of the thought process behind making a decision in order to protect the free flow of opinions and information. The courts and legislatures have traditionally argued that without the exemption in place, the ability of public officials to receive opinions from their constituents would be hampered. In addition, the exemption is in place to protect the internal thought processes and notes of public officials from public scrutiny, as pre-decisional material is typically considered work product and is thus exempt. Various states approach this exemption differently, with some enforcing a broad definition while others reject it outright.

Among the states

This is a small graph which quickly breaks down the deliberative process exemption amongst all 50 states.

 Justifications:Applications:Origin:
"- Rating State Working Papers Free flow of information Separation of Powers Executive Legislative Judicial Local Law Court
Deliberative process exemption-Alabama
Deliberative process exemption-Alaska
Deliberative process exemption-Arizona
Deliberative process exemption-Arkansas
Deliberative process exemption-California
Deliberative process exemption-Colorado
Deliberative process exemption-Connecticut
Deliberative process exemption-Delaware
Deliberative process exemption-Florida
Deliberative process exemption-Georgia
Deliberative process exemption-Hawaii
Deliberative process exemption-Idaho
Deliberative process exemption-Illinois
Deliberative process exemption-Indiana
Deliberative process exemption-Iowa
Deliberative process exemption-Kansas
Deliberative process exemption-Kentucky
Deliberative process exemption-Louisiana
Deliberative process exemption-Maine
Deliberative process exemption-Maryland
Deliberative process exemption-Massachusetts
Deliberative process exemption-Michigan
Deliberative process exemption-Minnesota
Deliberative process exemption-Mississippi
Deliberative process exemption-Missouri
Deliberative process exemption-Montana
Deliberative process exemption-Nebraska
Deliberative process exemption-Nevada
Deliberative process exemption-New Hampshire
Deliberative process exemption-New Jersey
Deliberative process exemption-New Mexico
Deliberative process exemption-New York
Deliberative process exemption-North Carolina
Deliberative process exemption-North Dakota
Deliberative process exemption-Ohio
Deliberative process exemption-Oklahoma
Deliberative process exemption-Oregon
Deliberative process exemption-Pennsylvania
Deliberative process exemption-Rhode Island
Deliberative process exemption-South Carolina
Deliberative process exemption-South Dakota
Deliberative process exemption-Tennessee
Deliberative process exemption-Texas
Deliberative process exemption-Utah
Deliberative process exemption-Vermont
Deliberative process exemption-Virginia
Deliberative process exemption-Washington
Deliberative process exemption-West Virginia
Deliberative process exemption-Wisconsin
Deliberative process exemption-Wyoming

References