Testing Statewide Compliance of the Georgia Open Records Act

More than 100 journalism students across Georgia tested the state's Open Records Act for compliance in October 2008. Two-thirds of custodians complied with the records request. What is notable about the audit is that one-third of public record requests were unfilled. Many students reported they were intimidated and treated rudely. Law enforcement custodians fared the worst in the statewide audit with 58 percent non-compliant. Surprisingly, Georgia's public universities had a 70-75 percent compliance rate. The results indicate that these statewide compliant rates mirror the daily complaints fielded by the Georgia First Amendment Foundation.

In a statewide audit of county and university athletic records, Georgia university journalism students successfully gained access to two-thirds of requested public records. Students from across the state tested Georgia's open records laws by asking for a variety of records from county commissions, police/sheriff organizations, and local fire departments. They also tested compliance at the state university system by auditing university athletic and foundation records.

The 2008 audit was a broader reflection of the First Amendment's provision that "Congress shall make no law ... abridging the freedom of speech, or of the press ..." which has been widely interpreted. State and federal courts have given the press a wide latitude to carry out its overall reporting, and more specifically, investigation mission. Several constitutional experts including former U.S. Supreme Court Justice Potter Stewart believed that the press acts as a check on government power.

Read the audit summary (PDF file, 36KB) from the Georgia First Amendment Foundation site.

The Georgia First Amendment Foundation, a member of NFOIC, received funding for this project through the National Freedom of Information Coalition and through a grant from the John S. and James L. Knight Foundation.