NCTQ v. University of Missouri

Earlier this month, the Missouri
Supreme Court declined to hear NCTQ’s appeal of a lower court
decision, which
blocked our request  that the University of Missouri turn over course
syllabi to us  for the purpose of
assessing them for the Teacher Prep
Review.  As is the custom of the
Supreme Court, no reason was given about its decision, but it came as a
surprise given the considerable support, including amicus briefs, from Missouri journalists. As UM Professor Mike Podgursky described, “The absurd
legal fiction that syllabi distributed to 35,000 UM students cannot be
disclosed” has been allowed to stand.

None of the legal decisions actually prevent us from traveling to Missouri and looking at syllabi, provided
no one has to copy them for us.  That was
an option we had not wanted to pursue, because of the principle at stake here
and the cost involved in sending numerous analysts to multiple Missouri campuses.

Missouri‘s press association
rightly calls the Supreme Court’s refusal to take up the case “devastating,” as
Missouri public agencies can now
refuse to disclose any copyrighted document. The implication of this decision
has not fallen on deaf ears — Missouri‘s
legislature is now considering a bill on the matter to ensure that it continues
to live up to its reputation as the “Show-Me State.”