Identical bills that would open public access to a state court records database sailed through the state Senate and House of Delegates on Friday, and they could soon land on Gov. Ralph Northam’s desk. Inspired by the Daily Press’s two-and-a-half year legal fight to access these records, Senate Bill 564 and House Bill 780 both passed unanimously through their respective chambers. The Senate bill was sponsored by Sen. Mark Obenshain, R-Harrisonburg, which merged a similar bill from Sen. Monty Mason, D-Williamsburg. The House bill was sponsored by Dels. Mike Mullin, D-Newport News, and Greg Habeeb, R-Salem. The bills detail how court clerks should ensure access to their records and set rules for the first time on accessing records from general district courts, where misdemeanors and preliminary felony hearings are heard. It also makes the Virginia Supreme Court’s Office of the Executive Secretary (OES) responsible for public access to bulk data requests — a legal fight the Daily Press lost last year. Names would not be included in those bulk data requests, but case numbers would be.
Daily Press
Pittsylvania County has filed an open records request with the Danville Area Humane Society to determine the number of county animals still coming to the city shelter. Honoring the information request is estimated to come with a price tag to the county of $6,000. On Monday, Pittsylvania County Administrator David Smitherman filed request for copies of all records of animals that were brought in by county residents over the last two years. State law requires these records be made open to public inspection, even if the animal shelter is a private business.
Register & Bee
The University of Virginia Police Department is using the social media monitoring program Social Sentinel in an effort to more effectively respond to threats made online. The program will cost UVa $18,500 a year, according to documents provided by the university. Legal experts say they’re concerned about privacy and creating a surveillance state, but police say the program is just one more tool in the race to stay on top of online threats and messages.
The Daily Progress
For years, student journalists in Virginia have been able to request students’ addresses, phone numbers, and email addresses from their colleges and universities directories. House Bill 1 could change that. HB1 passed the Virginia House of Delegates on Feb. 7 with wide bipartisan support. The bill will now move to the Virginia Senate. While HB1 is a win for privacy advocates, its a potential loss for student journalists and others seeking addresses, phone numbers, and emails from student directories. The bill would make it so college and university students have to “opt-in” for their contact information to be listed in directories. Right now students are automatically included in the directory unless they “opt-out.”
Student Press Law Center
In the hours after last summer’s white power rally in Charlottesville, Va., erupted into violence, the planners of the protest mounted a defense: While much of the country may have found their racist chants and Nazi iconography deplorable, they claimed that they had a First Amendment right to self-expression, and that none of the bloodshed was actually their fault. Six months later, that narrative of blamelessness, which started on the airwaves and the internet, is now being tested in the courthouse. In a direct assault on the so-called alt-right movement, a sprawling lawsuit contends that the leaders of the Charlottesville gathering engaged in a conspiracy to foster racial hatred, and are legally responsible for the 30 injuries and the death of a woman, Heather Heyer, that occurred.As the case moves forward, it is likely to explore the limits of the First Amendment’s broad free-speech provisions and the principle that incitements to violence are not protected. Discovery in the case may also expose the links between the far-right groups and their often opaque sources of financing.
New York Times