Nichol and Civitas: Public records request should be honored

Editorial by Winston-Salem Journal, December 22, 2013.

University professors from across North Carolina have written a curious letter to Gov. Pat McCrory, a letter complaining about a private organization’s public records request.

The faculty members, from 24 schools, say that the Civitas Institute’s pursuit of emails from the public account of UNC Law School professor Gene Nichol “is clearly retribution for Professor Nichol’s public commentary critical of your administration.”

The letter raises a curious question: What would the professors have McCrory do? Exert political influence to get Civitas to withdraw an entirely legal public records request because the professors assume unsavory motives on the institute’s part?

We certainly hope the professors aren’t that naпve. Once North Carolina heads down that road, the public records law is worthless. Public officials could assign unsavory motives to any request and deny public access to public records of any kind.

The governor’s budget chief is Art Pope, a wealthy contributor to conservative causes and a Civitas founder. So, would the professors have McCrory call Pope to his office to pressure him to play nice with liberals like Nichol?

That doesn’t set a good precedent. And, by the way, Pope is no longer a Civitas board member, and an institute spokesperson says he was unaware of the public records request.

The bottom line here is that the law is the law. It applies to everyone and to every state agency. State employees like Nichol were warned years ago that their email is a public record and, being a very smart lawyer, Nichol knows that.

Nichol should hand over the emails, if he hasn’t already.

Nichol will be no easy target for Civitas, if it plans a political attack on him. A former president of the College of William & Mary, he was at the center of controversy there. He knows how to stand his ground and can take a punch as well as he can deliver one. And we’re sure he is pleased that his academic colleagues have rushed to his side in this controversy.

But neither he nor they have any standing to keep those emails from Civitas.