Legal Opinion · Dissent

ESPN, Inc. v. Michigan State University

Michigan Supreme Court

Decided December 23, 2015No. 152372Published

1DissentMarkman, J.

I respectfully dissent from this Court’s order denying leave to appeal and would instead grant leave to appeal to address the proper interpretation and application of the Freedom of Information Act (FOIA) privacy exemption found in MCL 15.243(l)(a), which provides that “[a] public body may exempt from disclosure as a public record under this act.. . [i]nformation of a personal nature if public disclosure of the information would constitute a clearly unwarranted invasion of an individual’s privacy.” I view this as a significant question, particularly in the distinctive context of a public…

2Cases cited13 opinions

  1. United States Department of Justice v. Reporters Committee for Freedom of the PressSupreme Court of the United States · 1989
  2. Herald Co. v. City of Bay CityMichigan Supreme Court · 2000
  3. Bradley v. Saranac Community Schools Board of EducationMichigan Supreme Court · 1997
  4. Herald Co. v. Eastern Michigan University Board of RegentsMichigan Supreme Court · 2006
  5. Swickard v. Wayne County Medical ExaminerMichigan Supreme Court · 1991

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