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Friday, August 22, 2008

Kentucky Supreme Court Sides With Louisville Courier Journal's David Hawpe, As He SCORES A HUGE Victory Against University Of Louisville Foundation.



Read more from the C-J here.

I will post the court's opinion here later, but it is important to note from the story that 62 past donors, who requested anonymity will have their names remain private, while those who did NOT request anonymity and all future donors will have their names made public.

Update: Read more from the C-J.

According to that report, "Donors, particularly those making substantial gifts, may wish to influence the university's decisions and policies or to have some type of benefit conferred upon them by the university," it said. "A legitimate question of influence is raised by such circumstances."

Two justices dissented on the sole question of how to handle donors who request anonymity.

Chief Justice John D. Minton Jr. and Justice Will T. Scott dissented from the others on how to handle anonymous donors.

Minton said all donors -- even the 62 who requested anonymity -- should be disclosed because "there cannot be an anonymous donation to a public institution."

However, Scott said he believes future donors should have the right to request anonymity.

"So what public interest could we possibly serve by thumbing our noses at potential wealthy donors who simply will not give if they have to suffer an aftermath of harassment by professional fundraisers?" he asked in a written dissent.

Editor's comment: Let me just say CLEARLY that Chief Justice John Minton is right on this one: We either have complete anonymity for universities or we don't. The universities CANNOT and SHOULD NOT be allowed to have it both ways, as the majority has held!

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