A Kentucky parent appears unlikely to succeed in her appeal to revive a lawsuit seeking access to digital copies of a copyrighted mental health survey administered to students.
A US Court of Appeals for the Sixth Circuit panel on Thursday expressed skepticism about Miranda Stovall’s argument that her action challenging a state public-records denial belongs in federal court because it’s seeking a declaration of fair use under the Copyright Act.
“It’s pretty black letter law that the Declaratory Judgment Act does not create jurisdiction,” Chief Judge Jeffrey S. Sutton said during the oral argument.
The Jefferson County Board of Education’s ...