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Justice department orders news site to remove highway patrol survey responses

Montana Attorney General Austin Knudsen
Courtesy
Montana Attorney General Austin Knudsen

A Montana newspaper refuses to comply with a state justice department demand to remove an internal document from a recent article. The department argues the internal Montana Highway Patrol employee survey violates workers’ privacy.

In a press release issued Friday, Daily Montanan Editor-in-Chief Darrell Ehrlick is quoted as saying; “We will not be intimidated.’’ Ehrlick was responding to a recent cease-and-desist letter from the Montana Attorney General’s office.

On August 16th the online newspaper published a redacted copy of a nearly 400-page survey. It detailed employees’ concerns about Attorney General Austin Knudsen’s management of the highway patrol as well distrust within upper levels of the agency.

Within days Knudsen’s office demanded the document be scrubbed from the website. The AG’s office asserted publishing the survey violated employee privacy rights.

The Department offered to provide the Daily Montanan with a document containing what it says is identical information to the survey, but without the individual comments.

Upper Seven law responded on behalf of the Daily Montanan Friday. It notes all information about employees is redacted and says there are no privacy concerns. Upper Seven says publishing the report is legal under the Montana Constitution’s right to know guarantee and the First Amendment of the U.S. Constitution.

When asked for comment on the Daily Montanan’s decision, a spokesperson for the Montana Attorney general’s office told MTPR, “we’re not going to comment on a document that the Daily Montanan blog illegitimately obtained.”

Edward O’Brien first landed at Montana Public Radio three decades ago as a news intern while attending the UM School of Journalism. He covers a wide range of stories from around the state.
edward.obrien@umt.edu.  
(406) 243-4065
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