TBA Law Blog


Posted by: Barry Kolar on Nov 18, 2013

Transparency advocates are worried that a recent Tennessee appeals court ruling might keep many documents secret from the public, the Chattanooga Times Free Press reports. The decision upheld a lower court's ruling that then-Gov. Phil Bredesen's administration was justified in denying the release of records on the basis that they were part of the "deliberative process" about how to deal with demonstrators encamped at the state capitol in 2005 to protest TennCare cuts. "Now that it has been recognized, every public official, starting at the lowest level and running to the top can say, 'Oh, you can't find out what was going on, that's part of the deliberative process privilege,'" Tennessee Press Association attorney Rick Hollow said.