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Easley’s last-minute public records pardon

January 13th, 2009, 11:39 am by cfriedman

An e-mail from a state employee and a printed letter from the same worker are both public records under an executive order that Gov. Mike Easley signed on his last day in office.

A number of news organizations had sued Easley for allowing state officials to delete e-mail messages, arguing that the e-mails are public records under state law and should be preserved. Beverly Perdue, the new governor, pledged to open the e-mails and stop their deletion.

Why should electronic correspondence be treated differently from the same words on paper? In the increasingly tech-savvy Tar Heel State, more and more official business is being done by e-mail. State residents should have the same right to read e-mails from their elected officials and public servants as they do letters, meeting minutes and other official documents.

It’s anyone’s guess why Easley waited until the last minute. The shopworn maxim “Better late than never” certainly applies.

But, with or without the former governor’s lame-duck executive order, the forecast for public information is bright. Perdue should build on her predecessor’s last-minute nod to open government, strengthen public records laws and settle the lawsuit over those deleted e-mails amicably.

Oh, and Bev? Pay the plaintiff’s attorneys’ fees, would you? Newspapers are in a tight spot and shouldn’t have to spend money to prod the state into doing the right thing.

Court rules cussing at cop was free speech

January 2nd, 2009, 2:37 pm by cfriedman

The thin blue line provides no protection from a blue streak.

The South Dakota Supreme Court has ruled that a man’s vulgar tirade against a Brookings, S.D. police officer was protected speech under the First Amendment. The man was charged with disorderly conduct after he shouted profanities at a passing patrol car.

Justices found that Marcus J. Suhn’s foulmouthed jeering didn’t cross the threshold of “fighting words,” which are not protected by the Constitution.

Late last year, Gastonia Police charged a man with disorderly conduct by abusive language after he said “This is (B.S.)” when he and his friends were ordered to get on their knees. Police were investigating a noise complaint at the man’s friend’s house.

While it’s never advisable to cuss out a cop, using a vulgar word to express disagreement is — in most cases — protected by the Constitution, legal experts at the First Amendment Center and American Civil Liberties Union of North Carolina told The Gazette.

We should mind our tempers and watch our mouths, but salty language should never be enough to land you in the pokey.

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