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DEPT. OF PUBLIC SAFETY v. COX TEXAS

No. 09-0530.

343 S.W.3d 112 (2011)

TEXAS DEPARTMENT OF PUBLIC SAFETY, Petitioner, v. COX TEXAS NEWSPAPERS, L.P., and Hearst Newspapers, L.L.C., Respondents.

Supreme Court of Texas.

Decided July 1, 2011.

Attorney(s) appearing for the Case

Michael P. Murphy , Asst. Solicitor General, James C. Ho , Gibson Dunn & Crutcher LLP, Dallas, David S. Morales , Office of the Attorney General of Texas, Deputy First Assistant Attorney General, Clarence Andrew Weber , Kelly Hart & Hallman LLP, Austin, Attorney General Greg W. Abbott , Attorney General of Texas, Peter Carl Hansen , Office of the Attorney General, Bill Davis , Office of the Attorney General of Texas, Office of Solicitor General, Barbara Bryant Deane , Assistant Attorney General, Brenda Loudermilk , Office of the Attorney General of Texas, Matthew T. Bohuslav , Office of the Attorney General, for Texas Department of Public Safety.

William Gerow Christian , Graves Dougherty Hearon & Moody, PC, Austin, for Cox Texas Newspapers, L.P.

Joseph R. Larsen , Sedgwick, Detert, Moran & Arnold, LLP, Houston, for Amicus Curiae Freedom of Information Foundation of Texas.

Chief Justice JEFFERSON delivered the opinion of the Court, joined by Justice HECHT, Justice GREEN, Justice GUZMAN, and Justice LEHRMANN.

Our common law protects from public disclosure highly intimate or embarrassing facts. We must decide whether it also protects information that substantially threatens physical harm. We conclude that it does. Both sides raise important questions, not just about safety but also about the...

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