Judge Blocks Email Request by Reno Gazette-Journal

(c) 2003 Associated Press
(photo by Joe Cavaretta)

By Alex Suskind

The Reno Gazette-Journal was recently denied access in a lawsuit that was seeking the release of Nevada Governor Jim Gibbons' (shown right) emails, according to an article from the First Amendment Center.

The article went on to state that the Gazette was originally seeking the email records due to a previous FBI investigation. The FBI was looking into allegations that Gibbons received money and lavish gifts from businessman Warren Trepp, in exchange for the governor's help in securing lucrative military contracts in Congress. Gibbons was eventually cleared by the FBI of any criminal wrongdoing.

The First Amendment Center added that the Reno Gazette had originally filed a public-records request with the governor's office, requesting the release of six months of email correspondence between Gibbons and ten individuals. When the newspaper asked for the emails, officials in the Gibbons administration told the Gazette to "take their word for it," that the emails were privileged and not allowed for public use.

Lawyers representing the Governor's office contended that the emails were not public records or did not exist. The state lawyers also stated that there were no emails between five of the ten individuals and Gibbons, during the requested time period.

Although Carson City Circuit Judge Todd Russell called for the release of six of the 104 emails requested, (all 104 were reviewed by a court master), Russell also contended that the rest of the emails were "personal, of a non-public 'transitory nature' or privileged," holding that most of the mail was confidential under Nevada law.

• What are some of the legal reasons that give the governor the right to withhold this type of information?
• Currently, all states have laws that require that local government records be open to the public. However, most of these laws were passed in a time before electronic records. Many states have found that there are physical complications when technology is included into these types of laws. What are some complications that prevent technology from being included in government access laws?
• Since most states do not explicitly include email in government access laws, what arguments can you make, for and against, for including email in these laws?