Saturday, November 29, 2003

When is the Public not Public...

...when they aren't citizens of the First State.

Delaware's Freedom of Information Act can only be used by citizens of the State of Delaware. Who are your state's public records open to? Does it matter if they are citizens of the state, or citizens of the United States?

A consumer activists' group is suing the state and challenging the citizenship provision: Lawsuit challenges Del. records law

Which constitutional ground would you proceed under if you pursued a suit like this? Would it matter what you wanted the records for?