Information Access in an Era of Privatized Public Higher Education

By Alexa Capeloto
CUNY in New York City

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Introduction

Public information laws at the federal and state level enshrine a citizen’s right to petition public agencies for access to records and meetings related to the business of governance. Most such laws make no explicit mention, however, of private entities that do public work either instead of or in addition to what public agencies provide. As a result of vague or insufficient laws and ambiguous court decisions, information that might once have been accessible could potentially be withheld from the public because it has moved into the private domain. The tension between privatization and public access today is intensifying as public agencies increasingly contract out services, accept corporate sponsorship, create quasi-public entities or otherwise transact with private organizations and individuals. Nowhere is this more evident than at public colleges and universities, which are turning to privatization as state revenue, fiscal prioritizing and even the philosophical underpinnings of public education shift around them. In every state, student media journalists and advisers at public colleges should study relevant legislation and case law surrounding this issue, review contracts and communications with private entities and, when warranted, push for access when schools close the door on information that might once have been obtained with a simple request. This article is meant to provide a beginning for that process.

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