ACLU Sues Brown University Over Arrest Records Transparency

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Symbolizing the ongoing fight for transparency in law enforcement.

News Summary

The ACLU of Rhode Island has filed a lawsuit against Brown University’s Department of Public Safety for allegedly withholding arrest records from journalists. The lawsuit stems from requests by reporters from Brown Daily Herald and Motif Magazine, who sought access to records for incidents in 2022 and 2023. The ACLU argues that private institutions acting as public agencies should be held to public records laws, emphasizing the importance of transparency and accountability in law enforcement.

Providence, Rhode Island – The American Civil Liberties Union (ACLU) of Rhode Island has initiated a lawsuit against Brown University’s Department of Public Safety (BDPS) for allegedly withholding arrest records from journalists. The case highlights ongoing concerns regarding public transparency and accountability within law enforcement agencies, particularly those affiliated with private institutions.

The lawsuit stems from two separate instances in which reporters from the Brown Daily Herald and Motif Magazine requested access to arrest records for their reporting activities in 2022 and 2023. Noble Brigham, a reporter for the Brown Daily Herald, submitted an Access to Public Records Act (APRA) request in 2022 seeking arrest reports associated with a man charged with breaking and entering and trespassing on campus. Initially, BDPS ignored this request, later asserting that compliance with the APRA was unnecessary due to Brown University’s status as a private institution.

In 2023, Michael Bilow of Motif Magazine also sought arrest records pertaining to 41 Brown students arrested during a protest against the university’s investments in Israel. Similar to Brigham’s experience, Bilow’s request was allegedly disregarded by BDPS, prompting both reporters to file complaints with the Rhode Island Attorney General’s office.

In January 2025, the Attorney General’s office ruled in favor of BDPS, confirming that the department is not subject to the state’s APRA. This prompted the ACLU to file its lawsuit, arguing that private agencies acting on behalf of public agencies should comply with public records laws, and contending that BDPS fits this definition due to its law enforcement functions related to a university community.

The ACLU’s legal action seeks a declaratory judgment that recognizes BDPS as a public body under the APRA and requests a permanent injunction compelling the department to release the requested arrest records to the journalists. The organization emphasized that such transparency is crucial in allowing the public to understand police actions and to ensure accountability to prevent potential abuses by law enforcement agencies.

In a statement regarding the lawsuit, Brown University expressed confidence in its position, maintaining that BDPS operates within its jurisdictional limits and is not obligated to comply with the APRA as a private institution. This legal dispute comes at a time when efforts to reform Rhode Island’s public records law are underway. The state’s public records legislation has not been updated since 2012, and there is pending legislation that aims to require police departments from private educational institutions to be subject to state open records laws.

Adding to the dialogue, a former Brown University police officer provided testimony regarding the department’s past practices relating to public records access. The officer described how the department allegedly manipulated the availability of records to suppress information about certain incidents, raising additional concerns about the oversight of campus police and their accessibility to public records.

The ACLU’s executive director articulated concerns about the growing power of campus police and reiterated the need for oversight through public records. The organization views this legal challenge not only as a pivotal moment for the journalists involved but also as a significant step toward ensuring that the public’s right to access police records is upheld.

With this lawsuit, the ACLU aims to put an end to what it describes as a longstanding practice of Brown University police limiting access to arrest records. The outcome of this case could have broader implications for public transparency in law enforcement activities in Rhode Island and potentially influence how private institutions manage their police departments and interactions with public records laws.