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South Carolina Law Enforcement Reports Ordered Disclosed To Media
Newberry Publishing Company, Inc. (Publisher), appealed a court ruling denying an investigative report's production. The South Carolina Law Enforcement Division claimed that it was exempt as investigative material. The court reversed the order for nondisclosure with few exceptions.
The Publisher motioned to compel the Newberry County Commission on Alcohol and Drug Abuse (Commission), who had possession of the documents, for their production and obtained a temporary restraining order to secure the documents in the Commission's possession pending the action's outcome. The court declined to order disclosure. The Publisher appealed arguing that the court erred by not segregating the exempt portions and ordering disclosure of the rest as mandated by S.C. Code Ann. § 30 4 40.
The Supreme Court of South Carolina held that records otherwise available to the public are not exempt merely because they are part of the report. Some documents, including confidential informant's names and some allegations, were deemed exempt, but the court cautioned that the States Freedom of Information Act (Act) differed from the federal FOIA because it only exempts the identity of the informant. It was held that any further protection should be sought from the legislature. See: Newberry Publishing Company, Inc. v. Newberry County Commission on Alcohol and Drug Abuse, 308 S.C. 352, 417 S.E.2d 870 (S.C. 1992).
The Publisher motioned to compel the Newberry County Commission on Alcohol and Drug Abuse (Commission), who had possession of the documents, for their production and obtained a temporary restraining order to secure the documents in the Commission's possession pending the action's outcome. The court declined to order disclosure. The Publisher appealed arguing that the court erred by not segregating the exempt portions and ordering disclosure of the rest as mandated by S.C. Code Ann. § 30 4 40.
The Supreme Court of South Carolina held that records otherwise available to the public are not exempt merely because they are part of the report. Some documents, including confidential informant's names and some allegations, were deemed exempt, but the court cautioned that the States Freedom of Information Act (Act) differed from the federal FOIA because it only exempts the identity of the informant. It was held that any further protection should be sought from the legislature. See: Newberry Publishing Company, Inc. v. Newberry County Commission on Alcohol and Drug Abuse, 308 S.C. 352, 417 S.E.2d 870 (S.C. 1992).
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Related legal case
Newberry Publishing Company, Inc. v. Newberry County Commission on Alcohol and Drug Abuse
| Year | 1992 |
|---|---|
| Cite | 308 S.C. 352, 417 S.E.2d 870 (S.C. 1992) |
| Level | State Supreme Court |
| Injunction Status | N/A |