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THE HARVARD CRIMSON, INC. v. PRESIDENT AND FELLOWS OF HARVARD COLLEGE

445 Mass. 745 (2006)

THE HARVARD CRIMSON, INC. v. PRESIDENT AND FELLOWS OF HARVARD COLLEGE & others.

Supreme Judicial Court of Massachusetts, Middlesex.

January 13, 2006.

Attorney(s) appearing for the Case

Frances S. Cohen (Amber R. Anderson & Sarah R. Wunsch with her) for the plaintiff.

Jeffrey Swope (Kara A. Krolikowski with him) for the defendants.

The following submitted briefs for amici curiae:

Adam A. Rowe for James K. Herms & another.

Leonard M. Singer for The Student Press Law Center & others.

Present: GREANEY, IRELAND, SPINA, COWIN, & CORDY, JJ.

SPINA, J.

We consider in this case whether certain documents in the custody of the Harvard University police department (HUPD) constitute "public records" subject to mandatory disclosure under the Massachusetts public records law, G. L. c. 66, § 10. We conclude that they are not public records subject to such disclosure.2

The material facts are not in dispute. Harvard University...

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