Public records should be free in South Carolina
On June 3, 2021, South Carolina Education Superintendent Molly Spearman issued a statement denouncing "Critical Race Theory," which she described as an "ideology" that "has no place in South Carolina schools and classrooms."
This caused some confusion among teachers who either wondered what the superintendent meant or feared that the state would use this vague prohibition to censor them. Particularly because Spearman never clarified her statement, and particularly because the state legislature moved to limit classroom discussion of racism earlier this year, the public deserves to know more about Spearman's intent.
As a former news reporter, I knew that public officials' emails were easily searchable and a matter of public record. I submitted a request under the S.C. Freedom of Information Act for emails sent or received by Spearman's office this year discussing "Critical Race Theory" or "CRT."
The S.C. Department of Education got back to me with an invoice for $616, a ludicrous charge based on a redaction fee loophole and a loose definition of working hours. I wrote about the charge and the broader problem of FOIA price gouging in my newsletter last week . I also made a video highlighting the silliness of the department's claims.
Taking the advice of a reporter who had submitted a similar FOIA request in Alabama , I submitted a more narrowly defined public information request (full text below) and received an invoice for $79.50. I still think public records should be free, but I have decided to pay the fee anyway in the public interest.
Since I do not work for a news outlet, I will be paying for this information out of my own pocket. If you would like to help cover that expense, you can do so here. Thank you in advance for any help you are able to provide!
Even if you can't afford to pitch in, please help out by spreading the word and letting the S.C. Department of Education know you disapprove of its attempt to thwart a basic public records request via punitive fees. I will share any records I receive with statewide news outlets, the teacher advocacy group SC for Ed , and readers of my newsletter.
Here is my request:
"I request the following information under the provisions of the South Carolina Freedom of Information Act:
All emails sent or received by Education Superintendent Molly Spearman or Chief Communications Officer Ryan Brown from May 20 through June 9, 2021, containing the phrase “critical race theory” or the acronym “CRT.”
Because this information is requested in the public interest, I ask that all fees be waived."
A final note: FOIA is for everyone. You do not have to be a journalist or a lawyer to submit a request. If you are interested in submitting your own FOIA request to a public agency in South Carolina, I recommend checking out the Citizen's Guide to FOIA from the S.C. Press Association. The S.C. Department of Education's FOIA request portal is here .
