United States: Amy Silverman Secures Court Victory for Investigative Journalism Access
Ruling has broader implications for journalistic access to public records and the oversight of government agencies
Location: United States, Phoenix
Date: June 3, 2024
Women Press Freedom commends the Arizona Supreme Court's ruling in support of journalist Amy Silverman, who faced obstruction from the Department of Economic Security in accessing records related to vulnerable adults. While this ruling represents a significant step forward, Silverman's persistent pursuit of access to these records is ongoing. The court has allowed the Department to present arguments to the trial judge regarding the alignment of Silverman's work with the "bona fide research" exception, leading to further legal proceedings. Women Press Freedom urges the Department of Economic Security to step back from the case and enable Silverman to continue her reporting without additional obstacles.
The Arizona Supreme Court has ruled unanimously in favor of journalist Amy Silverman, affirming her right to access records from the Adult Protective Services (APS) division of the Department of Economic Security (DES).
Silverman, currently a staffer at KJZZ, had pursued the records four years ago as part of her investigation into the Department of Economic Security's (DES) effectiveness in protecting vulnerable adults. Her request specifically targeted materials related to closed cases, with the understanding that DES would redact sensitive information such as names and addresses.
However, DES denied her request, citing confidentiality provisions designed to protect the privacy of individuals involved. Silverman countered by highlighting the "bona fide research" exception, which she argued should also apply to journalistic endeavors. The agency contested this interpretation, arguing that the exception was intended solely for academic researchers or research that would directly benefit the agency.
Despite this latest ruling, Silverman's quest for these records continues as the DES retains the right to challenge the applicability of this exception to her work.
Gregg Leslie, representing Silverman as the director of the First Amendment Clinic at the Arizona State University College of Law, highlighted the pivotal role that the Department's actions will play in the resolution of this case. The Supreme Court's delineation of the factors governing access serves as a framework for evaluating future decisions on the matter.
Tasya Petersen, the press secretary for the Department of Economic Security, affirmed that the agency is reviewing the ruling and intends to establish a factual record for future review by a trial judge.
Women Press Freedom urges the DES to respect the Supreme Court's decision and withdraw from further legal obstruction. Allowing Silverman to continue her research without additional hindrance is essential for ensuring transparency and accountability in the protection of vulnerable adults. But this ruling, while specifically addressing APS records, has broader implications for journalistic access to public records and the oversight of government agencies. Women Press Freedom calls on the Department of Economic Security to honor the spirit of the Supreme Court's ruling and permit Silverman to pursue her investigation without further impediments. Transparency and accountability are cornerstones of a democratic society, and journalists like Silverman play a crucial role in upholding these principles.
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