University of Kentucky v. Courier-Journal & Louisville Times

In University of Kentucky v. Courier-Journal & Louisville Times (Ky. 1992) 830 S.W.2d 373, the university refused to disclose to the press summaries of evidence and the evaluation of counsel for the university, along with seven volumes of evidence attached to its response to the NCAA's inquiry about alleged rules violations at the university. (Id. at pp. 374-376.) The court rejected the university's argument that the NCAA's documents could be kept from public view under Kentucky law (Ky.Rev.Stat.Ann. 61.878(1)(a), (f), (g) & (h)) exempting from disclosure certain public records. The court rejected as being "without legal basis" the university's argument that disclosure of the NCAA's documents "should be prohibited because it would hinder 'the agency's investigatory powers,' by making witnesses less willing to cooperate." (University of Kentucky v. Courier-Journal & Louisville Times, at p. 377, fn. 2.)