Faculty emails and unpublished university research can be deemed “proprietary” and withheld under the Virginia Freedom of Information Act, the Virginia Supreme Court announced last week.
The law was called into question in 2011 when the American Tradition Institute and Virginia Del. Robert Marshall filed a request for emails of Michael Mann, a prominent climate scientist and former University of Virginia professor.
According to the Washington Post:
Lawyers for U-Va. turned over about 1,000 documents to Marshall and ATI, led by former EPA attorney David Schnare, but withheld another 12,000 papers and e-mails, saying that work “of a propriety nature” was exempt under the state’s FOIA law.
A Circuit Court judge in 2012 sided with the university. The state Supreme Court upheld that decision.