DISABATO v. S.C. ASS'N OF SCHOOL ADM'RS

No. 27286.

404 S.C. 433 (2013)

746 S.E.2d 329

Rocky DISABATO, d/b/a Rocky D., Appellant, v. SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS, Respondent. State ex rel. Alan Wilson, Attorney General, Intervenor.

Supreme Court of South Carolina.

Decided July 17, 2013.


Attorney(s) appearing for the Case

Kevin A. Hall , Karl S. Bowers, Jr. , and M. Todd Carroll , of Womble, Carlyle, Sandridge, & Rice, LLP, of Columbia, for Appellant.

Kenneth L. Childs , John M. Reagle , and Keith R. Powell , of Childs & Halligan, PA, of Columbia, for Respondent.

Attorney General Alan McCrory Wilson , Solicitor General, Robert D. Cook and Deputy Solicitor General J. Emory Smith, Jr. , Columbia, for Intervenor.

Scott Thomas Price , of Columbia, for Amicus Curiae, South Carolina School Boards Association.

Jerald A. Jacobs , of Pillsbury Winthrop Shaw Pittman, LLP, of Washington, DC, for Amicus Curiae, American Society of Association Executives.

Jerry Jay Bender , of Baker, Ravenel & Bender, LLP, of Columbia, for Amicus Curiae, South Carolina Press Association and South Carolina Broadcasters Association.

Marsha A. Ward , of Atlanta, GA, for Amicus Curiae, The Student Press Law Center and Reporters Committee for Freedom of the Press in Support of Petitioner Rocky Disabato.


JUSTICE HEARN:

This case requires us to reconcile two competing principles of our democratic tradition. First, embodied in the South Carolina Freedom of Information Act, Title 30, Chapter 4 of the South Carolina Code (the FOIA), is the principle of an open, transparent system of government, vital to maintaining an informed electorate and preventing the secret exercise of governmental power with its potential corruption. Juxtaposed against this principle are the rights...

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