Southeastern Legal Foundation (SLF) is representing a parent in Kentucky federal court who has been stonewalled and denied access to basic information about student surveys being administered in her school district.
Miranda Stovall is a mom of four who advocates for parental rights, educational reform, and education transparency in Kentucky. As part of her advocacy, she requested a copy of a survey administered to one of her children under the state’s open records law. The survey was administered by Pearson, a group that notoriously pushes radical ideologies while asking children invasive questions about their mental health and families. The school district denied her request, claiming that the contents of the survey were copyrighted, so SLF filed this lawsuit on Ms. Stovall’s behalf.
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As a public advocate, Ms. Stovall wants to access the Pearson surveys and other curriculum in Jefferson County Public Schools (JCPS) so that she can publicize what students are being taught and engage in open debate about what is happening in the school district. Although the Kentucky Open Records Act grants members of the public access to this information, JCPS is abdicating its duty under the law to produce such records, claiming that the surveys are protected under federal copyright.
But Ms. Stovall’s activities are protected under both the First Amendment and the fair use exception to federal copyright, which permits individuals to access copyrighted materials when using them for public debate.
If JCPS is allowed to continue stonewalling Ms. Stovall and other parents, it will shut the door to public transparency and accountability while also stifling debate.