A group of media outlets is suing the State to compel it to release COVID 19 nursing home data. Don't expect fair coverage of the case. Here's an example of how the media make their closing arguments in the court of public opinion while making the same arguments in state court.
Notice characterization of the case as a "last-ditch attempt"? That's simply a pejorative term for the State's legal argument. The state could equally characterize the media's argument as a "last-ditch attempt", or even a "desperate attempt" but that type of characterization would be unprofessional in a legal environment. That doesn't slow the Republic down.
I'm frankly impressed by the Republic's phrase that the state is "using 9 statutes." Wow. That's brilliant. The state, of course, is arguing that it is "following" the statutes.
Here's an example of a clear statute that says the state can't release the information.
Wow. That's really clear. Federal and state statutes provide strong protection for healthcare data--and those same laws provide for substantial penalties for those who release that data.
Think back on all the speeches that we have heard about journalistic ethics and then ponder this issue. The Republic is a PARTY to this case. They are not simply covering this case. How can the Republic cover the case fairly. The answer is that it can't cover a case in which it is a party. Here, the paper isn't even trying to be neutral or fair. The Republic is using its coverage as part of its legal strategy.