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Judge: MSU violated open records laws

WPSD+wins+summary+judgement+against+Murray+State+on+Feb.+16.+
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WPSD wins summary judgement against Murray State on Feb. 16.

Hopkinsville Judge John L. Atkins ruled in favor of WPSD Local 6’s summary judgment against Murray State Friday, Feb. 16.  

A summary judgment is entered by a court for one party and against another party, typically without a jury. 

Atkins said in his summary he adopts WPSD’s arguments in finding Murray State in violation of open records laws. 

“Murray State University shall forthwith comply with the pending Open Records Request without unreasonable delay with the only redactions tolerated by this Order being ones that concern purely personal or price information such as phone numbers and other personal descriptors which have nothing to do with this litigation,” Atkins said.

The lawsuit resulted from an ongoing investigation into University administration and WKMS, starting in 2022. Follow-up reporting last spring resulted from documents obtained by the news station.

The documents WPSD received showed WKMS clashing with University administrators, specifically University President Bob Jackson, over investigative reporting involving state lawmakers and other public figures and institutions.

Other reporting from the station included questions about whether WKMS saw a decrease in their budget. 

In November 2023, WPSD attorneys filed a motion for a summary judgment in the case. WPSD asked the judge to make a ruling based on statements and evidence submitted to the court without going to trial.

The Open Records Act applies to public records maintained by state and local government agencies. All public records, whether they are stored in a computer or on paper, must be open for inspection unless the records are exempted by one or more of the fourteen exemptions found in the Act,” according to transparency.ky.gov. 

The University released a statement after the ruling. 

“We respect the court’s decision as we maintain our commitment toward academic excellence, student success and thoughtful public service in our west Kentucky region, the Commonwealth and beyond,” according to a University statement. 

Perry Boxx, the WPSD station manager said in a statement, he looks forward to reviewing the requested documents. 

“This victory for open government is good news at a time when the legislature continues to try to chop away at open records law,” Boxx said. “Open government laws are the fruit of the First Amendment. They are the legal mechanisms by which journalists fulfill their role in helping perfect and preserve democracy.”

The University is required to provide WPSD the requested documents, unredacted in ten days.

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About the Contributor
Jill Smith
Jill Smith, Co-Editor In Chief/News Editor
Jillian Smith is Co-EIC and News Editor at The News. Smith is a graduate student pursuing a Masters of Science in Mass Communications with a concentration in Public Relations. Smith is also a Graduate Assistant in Student Affairs. Beyond working and class, Smith enjoys reading, coffee, and listening to music.

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