Groups say UVa. must balance transparency and academic freedom in considering request for professor’s records
Twelve organizations concerned with free speech and the integrity of scientific inquiry on college campuses today asked the University of Virginia to protect academic freedom when it answers a Freedom of Information Act request submitted by the American Tradition Institute Environmental Law Center and Robert Marshall, a member of the Virginia House of Delegates.
The FOIA request, which seeks emails and other communications related to UVA Professor Michael Mann’s research on global warming, resembles the controversial civil investigative demand, or CID, issued last year by Attorney General Ken Cuccinelli under the Fraud Against Taxpayers Act. Concerned that complying with the CID would chill academic freedom, UVA took the matter to Albemarle County Circuit Court, which quashed the CID.
“As citizens, we have an abiding interest in protecting both academic freedom and open government,” said ACLU of Virginia Executive Director, “but sometimes these two principles come in conflict with each other. For most government workings, we should know just about everything that happens, but when FOIA inquiries run the risk of chilling the free exchange of ideas, we need to carve out some narrow exceptions.”
In their letter, the twelve signatories note that the Virginia FOIA already exempts certain records related to scientific research that have “not been publicly released, published, copyrighted or patented.” The letter asks the university to be mindful of that exemption and academic freedom concerns when responding to the FOIA request.
The ACLU of Virginia, AAUP, UCS and the Thomas Jefferson Center for the Protection of Free Expression recently teamed up to file an amicus brief in the Cuccinelli/CID case, siding with the University of Virginia. After the Albemarle County Court ruled in UVA’s favor, the attorney general appealed the case to the Virginia Supreme Court, which has not yet ruled.
A copy of today’s letter is available at www.acluva.org/wp-content/uploads/2011/04/20110414LettertoUVAMannFOIA.pdf
Signatories to the letter are: ACLU of Virginia, Alliance for Justice, American Association of University Professors, Center for Inquiry, Climate Science Watch, Council of Environmental Deans and Directors, National Coalition Against Censorship, National Council for Science and the Environment, People For the American Way, The Ornithological Council, the Union of Concerned Scientists, and Robert M. O’Neil, Director of the Thomas Jefferson Center for the Protection of Free Expression.
UVa. files papers opposing Cuccinelli climate-change review
Edited by Chris Graham
freepress2@ntelos.net
The University of Virginia today filed papers with the Albemarle County Circuit Court opposing attempts by Virginia Attorney General Ken Cuccinelli to obtain documents related to the research of former UVa. professor Michael Mann, a global warming expert once employed by the school.
Cuccinelli is seeking a wide range of detailed records – including emails that Mann sent to and received from colleagues while at UVa. – through a criminal investigative demand under the Virginia Fraud Against Taxpayers Act. Mann, who is now employed by Penn State University, received funding from the state of Virginia for some of his global warming research. Under Virginia law, the University must accede to Cuccinelli’s demand or ask a circuit court judge to determine if it is in accordance with the law. Continue reading “UVa. files papers opposing Cuccinelli climate-change review” »
