Legal Opinion
Freedom Foundation v. Gregoire
Washington Supreme Court
Decided October 17, 2013No. 86384-9PublishedCited by 23 opinions
1Opinion of the CourtFairhurst, J.
¶1 We must decide whether Washington’s constitutional separation of powers creates a qualified gubernatorial communications privilege that functions as an exemption to the Public Records Act (PRA), chapter 42.56 RCW. Freedom Foundation (Foundation) sued the governor to compel production of documents under the PRA after the governor asserted executive privilege and refused to release them. The parties filed cross motions for summary judgment. The trial court resolved these motions by ruling that separation of powers principles produce a qualified gubernatorial communications privilege. Because…
2Cases cited42 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- United States v. NixonSupreme Court of the United States · 1974
- West Virginia State Board of Education v. BarnetteSupreme Court of the United States · 1943
- Commodity Futures Trading Commission v. SchorSupreme Court of the United States · 1986
- In re Sealed CaseCourt of Appeals for the D.C. Circuit · 1997
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3Cited by23 opinions
- White v. Clark CountyCourt of Appeals of Washington · 2015
- Protect Fayetteville v. City of FayettevilleSupreme Court of Arkansas · 2019
- Nissen v. Pierce CountyCourt of Appeals of Washington · 2014
- Jane Sullivan v. University of WashingtonCourt of Appeals for the Ninth Circuit · 2023
- VANDELAY ENTERTAINMENT, LLC v. FALLINSupreme Court of Oklahoma · 2014
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