In this week’s episode, we sit down with advocates from the Yale Law School’s Media Freedom and Information Access Clinic to discuss their work on government transparency issues. MFIA is a law student clinic dedicated to increasing government transparency, defending the work of news gatherers, and protecting freedom of expression by providing free legal services, pursuing impact litigation, and developing policy initiatives. In February 2023, the Clinic filed a Freedom of Information Act (FOIA) lawsuit on behalf of sports journalist Daniel Libit (Sportico) against West Point and its offshoot athletics organization, the Army West Point Athletic Association. Mr. Libit had previously sought sports-related financial and contract records from the West Point entities under FOIA. West Point denied Mr. Libit’s requests, claiming that all records were in the possession of its separate athletics association, which it asserted is a private entity not subject to FOIA. The West Point case is a perfect example of how public entities in big-time college sports increasingly use separate and allegedly private entities to shield documents and information from public disclosure and scrutiny. In our discussion, former Clinic Director Kelsey Eberly and Yale law students Amara Banks, Ayesha Durrani, and Taiwo Dosunmu offer insights into government transparency issues broadly and walk us through the West Point litigation. This episode was recorded on March 7th, 2023. Several months later, the Clinic prevailed in its suit. To avoid litigation fact-finding and a trial, the West Point Athletic Association agreed to a court order to provide the records under FOIA. The Association also agreed to respond to future records requests from the public as if it were subject to FOIA. The Association still maintains that it operates outside FOIA as a legal matter and reserves the right to raise that defense in the future. Congratulations to the Clinic for achieving a swift and successful litigation result.

Why I’m Suing Army for its Public Athletics Records (Daniel Libit, Sportico; February 2, 2023)

 MFIA Challenges West Point and Its Sports Association for Flouting Transparency Laws (Yale law School, February 2, 2023)

 Following MFIA Suit, West Point Athletics Arm Begins Releasing Records (Yale Law School, August 28, 2023)

Timestamps:

2:17  Student introductions and description of clinic

10:39 Values underlying FOIA

12:18 Student preconceptions of public records laws and values

16:17 FOIA 101

21:52 Common objections by government agencies to providing public records

22:50 The West Point case and the use of private affiliated entities to shield documents and information from public disclosure and scrutiny

26:00 Daniel Libit’s attempts to get records from West Point and its affiliated sports entity

20:03 Procedural posture

33:28 Frequency of pubic records litigation and prior precedent

35:38 How West Point litigation has shaped students’ views on government transparency

41:46 Litigation fact-finding in FOIA cases 

Note: For hyper-linked timestamps, view the podcast on our YouTube channel.