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Following controversies in several states over demands by conservative groups for the e-mail and other communications of selected faculty members at public universities, the American Constitution Society for Law and Policy has released an analysis of how state universities and states might respond. The analysis -- by Rachel Levinson-Waldman, senior counsel of the American Association of University Professors -- offers several options. One is to amend state Freedom of Information Act laws to exempt public college faculty members. But short of that, she notes the possibility of calling for tests that balance legitimate public demands for information with professors' need to discuss ideas frankly but privately.
