A House-passed bill allowing South Carolina public agencies to take legal action against citizens who file “unduly burdensome” or “overly broad” open-records requests could be the first law of its kind in the country if enacted, several legal observers say.
“It’s a terrible, terrible idea,” said Adam Marshall, the Jack Nelson-Dow Jones Foundation Legal Fellow at the Reporters Committee for Freedom of the Press, a nonprofit organization in Washington, D.C., when contacted last week by The Nerve. “It gives too much discretion to the agency to employ these measures.”
Under a bill (H. 3191) sponsored by state Rep. Weston Newton, R-Beaufort and an attorney, a public body could seek a hearing before a newly created “Office of Freedom of Information Act Review,” which would be a division of the S.C. Administrative Law Court, to “seek relief from unduly burdensome, overly broad, or otherwise improper requests.” Continue>>>