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Freedom From the Press?

September 23, 2008

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The relationship between a university and its student newspaper is typically one of give and take. Some of this professional courtesy, however, has fallen by the wayside at the University of Nebraska at Lincoln.

In response to numerous sweeping Freedom of Information Act (FOIA) requests by The Daily Nebraskan, the university is now denying student reporters direct access to top administrators for interviews. All information and comment previously sought from these individuals must now be gathered from the institution’s public relations office.

The administration claims the student newspaper’s recent history of seeking broad and, some argue, pointless FOIA requests of the university has burdened their previously harmonious working relationship. Student journalists at The Nebraskan , however, maintain that their document requests are within reason and that the university’s new policy of shielding administrators from interviews is hurting the newspaper’s coverage.

The student newspaper went public with the dispute in a fiery staff editorial explaining to its readers what some might see as a lapse in its typically even-handed coverage.

“Let us explain the situation our reporters are encountering,” the editorial reads. “These people, mainly administrators, aren’t talking to us. Therefore, we can’t interview them. Without interviews, we can’t quote them in our stories.”

Katie Steiner, the newspaper’s managing editor, said problems began near the beginning of the academic year when the newspaper’s projects desk, a new investigative reporting division, started making FOIA requests of the university for various stories it was pursuing. Such calls for public documents were nothing new for either party. Steiner notes that the newspaper often makes numerous requests of the university each year, including, for example, requests for the full public schedules of the chancellor and other administrators. This time, however, the nature of some of the newspaper’s recent requests did not sit well with the administration.

“They have a pattern of asking for broad, sweeping documents without any effort to or pretense of having a story,” said Harvey Perlman, chancellor of the university, noting that the university has ultimately honored all requests that fall under the jurisdiction of the state’s public records law. “They just want to randomly walk through records.”

At the crux of the dispute, Steiner said, is a recent Daily Nebraskan request for all other FOIA requests made of the university throughout the past four years and a list of the institution’s formal response to each. Among other requests, Perlman said the newspaper has also requested blanket e-mail correspondences between administrators during specific time periods and the university’s automotive expenditures for the year.

FOIA requests are often met with intense questioning, Steiner said, adding that she is often asked why the newspaper is seeking certain information. She claims that other local newspapers do not have their formal requests treated with such a high level of anxiety. Perlman, however, said the administration and the newspaper have often worked on a much more informal basis in the past, noting that the university usually has provided documents requested by the newspaper without formal FOIA documentation.

What Perlman views as a change in the newspaper’s previously congenial working relationship with the administration has led him and the university to deny it access to interview certain top administrators, who have typically been available for comment.

“They decided the relationship would be managed by the Freedom of Information Act,” Perlman said, noting that administrative staff are using a considerable amount of time and resources to meet the requests of the newspaper. “Now, I’m not one who rebels against the Freedom of Information Act. There are times when it’s an important tool of the media. Public agencies ought to be open. Still, these broad, sweeping requests for information without a story and a pattern to suggest that they don’t use the data struck me. Our senior staff is not going to be interviewed. Our news director will provide information, because I’m not going to take the time to do it as long as they’re going to file these crazy requests.”

Steiner, formerly a reporter on the administrative beat, said the relationship between the newspaper and the administration did not use to be so sour. She used to be able to call Perlman and other top administrators directly for stories and receive comment. Now, Steiner’s junior reporters must contact an official in the university’s public relations office for additional information and comment, if there is any. This is even the case, she said, for stories that are not all that controversial or critical of the university.

“It’s a top-down policy,” Steiner said, noting that other local papers are not treated this way, and have direct access to administrators for comment. “We would not have even known about this if it weren’t for an e-mail a former reporter got from Perlman’s office that says, ‘If you get a reporter, they have to be sent to the public relations office.’ Our readers deserve to know what’s going on, and that’s hard when the administration is shutting off access.”

Perlman said he, too, is not pleased with the situation and would prefer the two parties reach an agreement. If the newspaper withdraws its many FOIA requests, Perlman said the administration would reopen itself to student reporters.

“I hate it,” Perlman said of the current relationship between the newspaper and the university. “I’ve always tried to be open. I’d be delighted if we could go back to where we were. As it is, it’s been difficult. I don’t like this. I’d rather be open and engaging with students."

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Comments on Freedom From the Press?

  • Just like the you know who's adminstration.
  • Posted by Diogenes on September 23, 2008 at 8:10am EDT
  • Where did UNL learn its new draconioan policy? Where did the find a model for their war against administration transparency, honesty, freedom of the press, and common decency? They learned it from the Cheney adminstration! Poor Little Red should feel nothing but shame. But I heard Dick Cheney will be unemployed in January. Maybe he can be UNL's new mascot. Give the team a new name: The Lincoln Document Shredders! FIA is simply that: every citizen has the right to public documents. They don't need to provide a reason when determinig where their tax dollars and tuition money are going! Demanding accountability and transparency is not harassment for a public institution! That is, of course, unless you have something to hide.

  • Freedom of the Press
  • Posted by F Capobianco on September 23, 2008 at 8:10am EDT
  • Denying access to administrators should not prevent the student newspaper from doing its job. Part of a good reporter's job is getting around barriers designed to prevent him/her from getting facts necessary for the accuracy of his/her report. Think courage and resourcefulness.
    The university, for its part, might do better by looking for the internal staffing disconnect that may be causing the problem, rather than remain mute and look guilty.

  • UNL "No Comment"
  • Posted by Joe Bernt , Professor of Journalism at Ohio University on September 23, 2008 at 9:25am EDT
  • As a former university newspaper editor, I very early learned several things about campus reporting.

    First, always call the administrator for comment. When Harvey sends a reporter to a flak, ignore the spinmeister and report the truth in the story: "When contacted, Harvey refused to comment."

    Second, there are always pissed off administrators on the outs who are willing to turn in their bosses "off the record." Identify a couple of these sources at a high level in the administration and earn their trust and tips.

    Third, install a tip line for secretaries, janitors, work-study students, carpenters, painters, electricians, and plumbers (all people who often see planning and other administrative documents) so they can give the paper tips, information, and documents anonymously.

    Fourth, the day will come when an administrator who refused comment in the past desperately wants coverage in the Daily Nebraskan either to get a message into the mainstream media through the student paper or simply to further the spin on a non-story. Explain access will come when Harvey allows administrators to comment.

    Fifth, employ the meanest editorial cartoonist you can find in Lincoln and put him or her to work on UNL's most wasteful sacred cows and on the administrators who promote and protect them.

    Finally, this is the age of online journalism. Does Harvey really want all those alumni, like myself, who google the Daily Nebraskan from around the world to see all the paragraphs liberally distributed throughout the DN website stating: "When contacted by the DN, Harvey, his vice-chancellor for academic affairs, the dean of arts and sciences, etc. all refused to comment." What are these high-paid professional administrators hiding, anyway?

    Former university newspaper editor
    Former public relations professional
    Current professor of journalism

  • These people...
  • Posted by kj on September 23, 2008 at 11:10am EDT
  • I stopped reading after

    “Let us explain the situation our reporters are encountering,” the editorial reads. “These people,..."

    I've found, that in general, nothing very productive comes after a statement starting with "These people...".

  • Chains & Cheney
  • Posted by Douglas Lewis on September 23, 2008 at 12:30pm EDT
  • Diogenes's comment is more cannon-fodder for those who believe that academia is full of knee-jerk liberals. If any administrators anywhere shut down any access to any information whatever, presto--they're Cheney/Bush clones. We don't know how many requests the paper was making or how much work they were creating for the people who had to respond or waht relation they bore to stories that actually appeared in the paper. It's a capital mistake to theorize in advance of the facts; it's damning to explain all imperfectly-investigated facts that bear any similarity to each other by the same rigid over-arching unproven prejudice.

  • What did you expect, Douglas?
  • Posted by DFS on September 23, 2008 at 1:45pm EDT
  • These are the simpletons who chant "Haliburton" whenever possible.

    Perhaps we should instead emulate one of their heroes --- say,FDR. We could just round up anyone we don't like --- ethnically profiled, of course --- and intern them indefinitely, denying them "adequate" health care, etc. Or JFK --- another shining example of instigating something and then pulling air cover and other tactical assets which would have guaranteed success.

    The underlying issue of FOIA requests must be undertaken by the "reporters" independently from the administration. This means that THESE PEOPLE (for the impatient, the reporters) should do a search by themselves, without asking the administration to do it for them. Perhaps these "reporters" are unable to figure out how this could be done, though.

    "Excuse me, but I want to do a report on you, but only if you self-report on all of your past reports yourself" is just laziness.

  • Freedom from the Press
  • Posted by George Schwarz , Publisher/Editor at The Amarillo Independent (Newspaper) on September 23, 2008 at 2:40pm EDT
  • I advocate hard-line investigative reporting.

    If the university administration has nothing to hide, then turn over the records and get out of the way and let the reporters do their jobs. If they find nothing, all to the good; and if the administration is doing things it shouldn't, the public should know and let the chips (pun intended) fall where they may.

    George Schwarz, Publisher/Editor
    The Amarillo Independent (Newspaper)

  • DFS: What a genius!
  • Posted by MJAC on September 23, 2008 at 3:55pm EDT
  • Perhaps you aren't familiar with government agencies, public records and the Freedom of Information Act. See, the records are public, but government agencies are the ones who have the records. (See, not all truth and every written word known to man is available on the Internet.) It's the FOIA which compels the government agencies to share them. Until the governments share them, well, reporters cannot "do a search by themselves, without asking the administration to do it for them." The fact is that the law compels the administration to do that search, whether its a reporter or just some ill-informed yahoo (not mentioning names) who requests it. Perhaps you don't care, but most people think its a pretty good deterrent to governments running afoul of the law to make as much as possible of what they do transparent. I know, it's a pain for government to keep its nose clean, but, well, our form of government wasn't built to be efficient, just as honest and fair as possible. I'm sorry if that's an inconvenience, but I kinda prefer it.

  • Letter to the Editor
  • Posted by DFS on September 23, 2008 at 3:55pm EDT
  • To be "hard hitting," you said: "If the university administration has nothing to hide, then turn over the records and get out of the way and let the reporters do their jobs."

    The contrapositive of this is: "If they either don't turn over the records, or stay in the way or prevent them from doing their jobs, then the administration has something to hide."

    So, the administration must adhere to at least one of these disjuncts in the predicate to reveal themselves as dishonest... they are dishonest, therefore they either don't self-report, or they "interfere" in some way.

    Sounds like a pre-formed opinion to me.

    What part of your paper's quantifier "independent" do you not understand?

    Why can't the reporters do their OWN work?

    I'm sorry --- perhaps you went to Journalism School, and therefore did not have to take a course in logic.

    That's okay, though --- your industry's product forms a perfect pool for logical fallacies in my classes.

  • To MJAC
  • Posted by DFS on September 23, 2008 at 4:15pm EDT
  • I hear you. Thanks for the info.

    I agree with all you have stated, inasmuch as what I know ... I don't proclaim "genius" status, though. I am simply stating that the reporters should not rely on the administration for their information to publish. Why can't they recover it on their own nickel?

    I recovered numerous previously classified documents from the Govt on my own as a private citizen. I wrote those documents, and put the "authority" of the classification stamp on them myself.

  • By the way ...
  • Posted by DFS on September 23, 2008 at 4:25pm EDT
  • I did it the old-fashioned way --- not over the internet.

  • Posted by Randy Beam at UNL alum on September 23, 2008 at 6:45pm EDT
  • Government officials all over the United States continue to speak with journalists even as those journalists seek documents that the government officials would prefer not to release under state and federal open-records laws. It's hard to understand why the chancellor of the University of Nebraskan can't manage to do the same thing.

    Given what's been reported, I can't judge whether The Daily Nebraskan's requests are reasonable. It’s easier to assess Harvey Perlman's reaction to the requests: It's childish and clumsy.

    If Perlman thinks the requests are burdensome or inappropriate, the university has the legal resources to fight them – and it should do so. But Perlman shouldn't show his pique by trying to punish the student journalists for exercising their rights. What kind of example is that?

    He says, according to this article, that he wants an open and engaging relationship with students. It’s hard to have that kind of relationship if you won’t talk to them or allow your senior staff to do so, either.

  • Freedom From the Press/
  • Posted by Tim on September 23, 2008 at 10:00pm EDT
  • Form a working relationship with someone in the professional media.(for the purpose of this exercise it could be a broadcast outlet) Student paper files a request IDENTICAL to the one the pro submits and see if the nut cracks under the pressure. Whatever the administration decides you both get a story. It might not be the one you asked for but it will be a story.As a safeguard you get the pros legal staff to give the application the once over to take away any easy outs the administration might have.