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Constitutional Law

: First Amendment Center

Nev. high court sides with newspaper in records case

By By The Associated Press

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CARSON CITY, Nev. ? The Nevada Supreme Court says a Reno judge erred when he denied a newspaper?s public-records petition against Washoe County health officials without requiring them to show why the records sought were confidential.

The Reno Gazette-Journal filed a petition after the Washoe County Health Department in 2009 reported its first human case of swine flu.

Officials identified the victim as a 2-year-old girl who attended a daycare center. They would not disclose the name of the child-care facility.

Washoe District Judge Steven Elliott rejected the newspaper?s petition, and the paper appealed.

On Sept. 23, justices unanimously sided with the newspaper, saying Elliott should have required health officials to answer the petition and provide evidence why the information sought was confidential.

Full post as published by First Amendment Center on September 25, 2010 (boomark / email).

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