Supreme Court punches another hole in Freedom of Information Act with protection for all trooper photos – Arkansas Times

Supreme Court punches another hole in Freedom of Information Act with protection for all trooper photos - Arkansas Times

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The Arkansas Supreme Court today reversed and dismissed a ruling that blogger Russ Racop was entitled to photographs of all state troopers under the Freedom of Information Act.

The Supreme Court sided with the State Police, which argued that it would effectively identify undercover officers who are specifically protected by law by releasing photographs of all other tropers.

Clearly, comparing information already available to the public, from sources like the Arkansas Transparency websitewhich provides names, service dates, salaries, race, gender, and other identifying information of State employees, including state trooperswith a list of non-undercover troopers would reveal the identities of the undercover officers. This is because knowing who is not undercover would reveal that the officers whose photographs were not released are undercover. Accordingly, the trial court erred in ordering disclosure under FOIA, and the order is therefore reversed and the case dismissed.

The Supreme Court seems to have put photographs of all law officers off-limits.

Racop, representing himself, had requested in 2020 a list of non-undercover officers, the same as hed requested in 2019. The State Police resisted. Racop noted that the State Police routinely posted photos of troopers on social media and applying the exemption it sought here would swallow the public records rule. The argument was non-persuasive, the Court said in an opinion written by Justice Robin Wynne.

Great analysis from lawyer Matt Campbell (Blue Hog Report) on the ruling, beginning with the obvious retreat from the courts love of following statutory language (except situationally).

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Supreme Court punches another hole in Freedom of Information Act with protection for all trooper photos - Arkansas Times