AFP Foundation Leads Coalition Brief Urging Sixth Circuit to Protect Public Access and Rein in Abuses of Copyright Law
By
| June 18, 2025
ARLINGTON, VA – Today, a coalition of organizations led by Americans for Prosperity Foundation (AFP Foundation) filed an amicus brief with the U.S. Court of Appeals for the Sixth Circuit in Stovall v. Jefferson County Board of Education, a pivotal case concerning government transparency and the misuse of copyright law to block access to public records.
At the heart of the case is a Kentucky mother’s request for student surveys from her child’s public school. The school district denied the request, citing copyright as justification for secrecy. A federal court then refused to step in and clarify that the law permits public records requests as a matter of “fair use.” AFP Foundation’s brief makes clear: copyright law is not a license for government agencies to withhold information the public has a right to see.
“Copyright claims are not meant to be used as shields for bureaucrats trying to avoid accountability,” said Ryan Mulvey, senior policy counsel at AFP Foundation. “No court should tolerate an attempt to weaponize copyright to suppress public access to information, especially when it concerns our children’s education. Moreover, it is the clear responsibility of federal courts to construe the Copyright Act and clarify the proper scope of ‘fair use,” so that records are not unlawfully kept secret from the public.”
The brief urges the Sixth Circuit to recognize that copyright, particularly when “fair use” applies, does not constitute a categorical bar to transparency. The brief also warns that unless federal courts recognize their vital role in providing clarity on these issues, parents and journalists across the country will be increasingly stonewalled by agencies exploiting copyright as a loophole.
AFP Foundation’s brief aligns with broader efforts to address this growing problem. The Right on Transparency Coalition, of which AFP Foundation is a part, has proposed a model policy to prevent copyright abuse in public-records laws.
In April, Arkansas Governor Sarah Huckabee Sanders signed the Public School Access and Transparency Act (SB572) into law, which strengthened the Arkansas Freedom of Information Act by ensuring public access to the learning materials used in public schools. Americans for Prosperity supported this reform and previously released a model bill to help guide lawmakers in addressing this issue.
Organizations joining AFP Foundation on the amicus brief include:
Contact: kschmidt@afphq.org
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