As local and state governments around the country struggle with the question of which if any–none if you live in Pennsylvania–e-mails generated on government computers should be part of the public record, a judge in Kentucky has issued a ruling that says that intensely private e-mails exchanged between two government employees are to be released in response to an open records request:
Judges are going to be considering cases like this for years. How do I know? For one thing, another judge in the very same circuit (Franklin Circuit Court in Kentucky) ruled not long ago in “Gannett vs. Gov. Ernie Fletcher” that “conversational e-mails and non-policy fact based (e-mails) are not subject to public disclosure.”
The broadest possible position that a FOIA advocate could take on e-mail is that ALL e-mails written on government computers (including e-mails using private e-mail accounts) should be open to the public, no matter how personal or non-work-related they are.
What’s your position?