UPDATE: Wisc. Shields Journos With Whistleblower Protection Act

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Wisconsin Gov. James Doyle, Jr., yesterday signed into law the Whistleblower Protection Act [2009 A.B. 333, Wis. Stats. 885.14] that protects journalists and their confidential sources(see "TUOL" post 4/22/10).

The Wisc. Newspaper Assn., Wisc. Broadcasters Assn. and the Wisc. Freedom of Information Council worked together to draft the bill that makes  the Badger State the 39th in the nation to enact a shield law.  The law takes effect in three months.

The Whistleblower Protection Act defines a news person as a gatherer and disseminator of news to the public through any medium, including print publications, books, news agencies or wire services, broadcast, cable, satellite or electronic services.  Case law will be the final arbiter, but it appears the act would encompass online journalists.

The legislation imposes restrictions on the issuance of subpoenas to nonjournalists if the underlying purpose is to obtain information from the individuals concerning an interaction involving a journalist that the statute would protect from disclosure.

UPDATE: U. Wisc. Settles Suit With College Paper

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In a case that began more than a year ago, the University of Wisconsin at Milwaukee has settled a lawsuit with its college newspaper, The UWM Post, concerning an alleged violation of The Badger State's public records law (see "TUOL" post 11/16/09).

The Associated Press reports that the two sides settled, with the University agreeing to assume the paper's  nearly $12,000 in attorneys' fees and to turn over an unredacted version of the documents initially sought by the paper.  The Post wanted copies of the agendas, audio recordings, and minutes of meetings of  the university's student union board dating back to 2008 pursuant to the public records law [Wis. Stat. sec. 19.31-19.39], which the administration initially turned over, though the names of students and even audio tracks of  their voices were omitted, actions that the school claimed were mandated by Family Educational Rights and Privacy Act ("FERPA") [20 U.S.C. sec. 1232g].

FERPA is intended to protect student records, such as grades, but in this instance, was applied to a public body, albeit one composed of students.

U. Wisc. Sued for Alleged Public Records Law Violations

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The Univ. of Wisconsin's Medical Foundation's refusal to make public faculty comments concerning a proposed conflict of interest law violates the state's public records law, alleges The Milwaukee Sentinel Journal in a lawsuit filed last week in Dane County(Case No. 2009cv006372).

The lawsuit seeks to make the faculty comments public under the Wisconsin Public Records Law (Wis. Stat. secs. 19.31-19.39.).

U. Wisc. Needs FERPA Guide to Navigate Student Paper Flap

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Student journalists at the University of Wisconsin at Milwaukee Post have sued the university for allegedly violating the state's public records law (Wis. Stat. sec. 19.31-19.39).

The suit in Milwaukee County Circuit Court involves the university's refusal to identify a student whose voice was recorded at a public committee meeting in reliance on the federal Family Educational Rights and Privacy Act ("FERPA") [20 U.S.C. sec.1232g; 34 C.F.R. Pt. 99], commonly known as the Buckley Amendment.  The school declined to provide Post staff with minutes, audio recordings or agendas of the Union Policy Board, the policy arm of the UWM Student Union, although the board's meetings are open to the public.

In the past, the college's administration has cited FERPA as the basis for its refusal to provide to the Post the identity of school employees who sit on student disciplinary hearing panels or taxpayer-funded university-related travel records of student government officers. Frank D. LoMonte, executive director of the Student Press Law Center ("SPLC") criticized UWM for not using common sense in pursuing a stringent, literal interpretation of FERPA.

The Buckley Amendment is intended to protect the privacy of student education records, such as grades, rather than a public body such as the Union Policy Board, even though it is comprised of students.