The legislature should enact Senate Bill 1153 to protect our stateās public university faculty from people who, for personal or ideological motives, use the stateās freedom of information (FOI) law as a weapon to harass faculty and disrupt their research and teaching.
FOI harassment of faculty is real and often terrifying.
In one case, a University of Connecticut historian has faced multiple harassing FOI requests from an ideologically biased individual who is attempting to thwart her internationally recognized research on the Japanese military sexual enslavement of women and girls in the 1930s and 1940s. In another case, following hundreds of threatening emails, the harasser sent multiple FOI requests, over and over, to a UConn math professor targeting his emails and his other records.
This was never the policy goal of the FOI law, which applies to public records of a āpublic agencyā or its āfunctional equivalent.ā Individual university faculty members are neither when they research and teach.
But simply because they use the universityās email system or other information technology to do their academic research, harassers now file FOI requests for their emails, notes, and other materials that live on the universityās servers. As a result, faculty find it harder to do their job well and reduce FOI harassment risk faced by not only them but also their research teams, study participants, and non-university partners in public-private research collaborations. This makes Connecticutās public universities less able to compete for high-quality talent, as many other states already exempt faculty research and teaching records from their FOI statutes, including Rhode Island, Maryland, Virginia ā even New Jersey, which did this decades ago.
Senate Bill 1153 closes that gap by exempting from our FOI law records related to faculty research and teaching. At the same time, it keeps public accountability for research funding intact by preserving the FOI lawās coverage of āany financial recordsā of the university.
Sadly, recent op-ed writers opposing SB 1153 ignore the ongoing threats of FOI harassment of faculty. Instead, one says that SB 1153 helps āconceal researchā so that, for example, a professorās study findings on racial profiling āwould be unavailable to the public.ā Another, alleges it would make it harder to detect āwaste, fraud, and abuseā of government funds, but ignores SB 1153ās financial-records carve-out. Still another claims that SB 1153 stops āpublic accountabilityā and ācriticismā of āthe ideological hegemony within Americaās educational structures.ā
These are incoherent word salads. For university faculty, the point is to publish their research for all the world to see. Faculty are judged by how well their published research stands up to criticism by their peers and anyone else and to read those publications all you need is an internet connection or a library card, not a FOI request.
SB 1153 doesnāt change the FOI lawās coverage of university financial records, rather it simply protects faculty from those who use the FOI law as a weapon to harass them for personal or ideological reasons. Surely if New Jersey and the other States can do this for their public university faculty, we can too. Our faculty deserve no less.
Michael Bailey is the Executive Director of the UConn-AAUP/Storrs.

