SC Supreme Court to hear FOIA case
January 25, 2012
South Carolina: The South Carolina Supreme Court has agreed to hear an appeal of a case involving the South Carolina Association of School Administrators (SCASA) and radio talk show host "Rocky D" Disabato. The case began when Disabato filed a request for documents from the SCASA under the South Carolina Freedom of Information Act (FOIA). The SCASA refused the request claiming that they are a private entity and therefore not subject to the FOIA law. Disabato disagreed and sued the association for the requested documents. Circuit Judge G. Thomas Cooper, Jr. ruled in favor of the SCASA, saying that "the First Amendment protects SCASA from the requirements of the FOIA" since they are "engaged in political speech or issue advocacy".[1]
Upon appeal, attorneys for Disabato claim that the SCASA is "indisputably a 'public body' under the FOIA" and as such, their First Amendment rights are in no way implicated by compliance with the FOIA.[2]
The South Carolina Attorney General Alan Wilson has filed a brief in support of Disabato's appeal, saying that:
"This case is important because if the Circuit Court's order is followed, the public will not have access to information about how public funds are spent and government functions are exercised by SCASA and similar organizations that are public bodies under FOJA. The disclosure and openness required by FOIA does not violate the First Amendment rights of SCASA, and it furthers the public interest in its application to the organization. It should be upheld as it applies to SCASA."[3]
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