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Expert says University of Nebraska ‘misinterpreting’ privacy law to block records
University of Nebraska officials are refusing to disclose information about their promised review of a doctoral student’s drag show “Mass” that mocked Catholicism and the committee formed in response to the controversial performance.
Furthermore, the university is citing a donor privacy law, meant to protect nonprofits from government overreach, to justify withholding documents from The College Fix. The school is doing so with the support of Republican Attorney General Mike Hilgers’ office.
But an expert on access to government information told The Fix that the school appears to be misinterpreting the law.
University of Nebraska Lincoln Chancellor Rodney Bennett, who resigned in January, first promised Catholic Bishop James Conley last summer that officials would investigate the drag show performance and also create a special “President’s Advisory Roundtable on Community Engagement” to address similar controversies.
To address future “emotional” and “sensitive” matters, Chancellor Bennett said the committee would be “comprised of well-respected individuals across the state of Nebraska and our country,” according to a July 2025 letter he sent to the bishop.
The special committee would include “experts in their professional fields, and whose work is considered among the leading voices,” the letter stated.
The chancellor pledged that not only was the committee already in the works, but would be “operational by the end of the summer,” meaning August 2025, the letter stated.
“The establishment of the commission is underway; membership is being finalized and expected to be operational by the end of the summer,” it stated.
Yet officials ignored multiple requests for an update in September 2025, leading The Fix to file a public records request for a list of members of the committee, any bylaws, and a sample application form used to pick the advisors.
Associate General Counsel Molly McCleery informed The Fix that no bylaws exist, nor does a sample application form. She denied a members list, citing the Personal Privacy Protection Act.
The state law, passed in 2024, is meant to protect the data of private individuals and nonprofits.
“The law ensures that citizens can safely and privately give to the causes they care about without fear of their data being leaked or abused by government agencies,” the Nebraska Examiner reported at the time.
The attorney general’s office, led by Republican Mike Hilgers, sided with McCleery and the university in response to an appeal from The Fix seeking information on the committee.
“In our view, the requested list falls within the definition of personal information and cannot be disclosed,” the attorney general’s office stated in a December memo to The College Fix.
The PPPA prohibits nonprofits from disclosing “personal information” that identifies individuals as members, supporters, volunteers, or donors, without permission from each person.
Officials argued that because the university is organized as a nonprofit entity, the law prevents disclosure of volunteer names.
Nebraska is ‘sideways on the law here’
Marquette University professor A.Jay Wagner told The College Fix the interpretation seems to be “sideways on the law here,” as an advisory board under the auspices of the University of Nebraska would be a public entity.
The journalism and media studies professor specializes in access to government information and the Freedom of Information Act.
Upon reviewing the statute, he said, it clearly defines public records to encompass those held by any agency, board, bureau, commission, council, committee, or similar body — unless another law expressly exempts them.
“Advisory boards are explicitly included,” he said, concluding the university had the wrong interpretation.
“And frankly, universities are often very bad with public records laws, which I’ve always found kind of surprising,” the professor told The Fix.
He also said about 10 to 15 years ago, state governments used a tactic to evade transparency and Freedom of Information laws by creating public-private partnerships and setting up a nonprofit to perform government functions.
The government would then contract with and pay this entity to do the work, effectively shielding the activities from public records requests and oversight.
However, he said, most of these loopholes have since been closed as people recognized and addressed the practice.
Law backed with bipartisan support
The privacy act passed with broad support from groups, including the ACLU of Nebraska, Alliance Defending Freedom, and the Platte Institute. It follows similar efforts led by People United for Privacy in about half the states.
People United for Privacy spokesperson Luke Wachob told The Fix the act came after cases where states tried to obtain nonprofit donor lists, including the Supreme Court case Americans for Prosperity Foundation v. Bonta.
How the law applies to public universities varies, because they can be considered both government agencies and nonprofits, Wachob said in mid-February.
However, he said, the privacy law’s definition of “‘public agency’ explicitly includes, in part, ‘The University of Nebraska or any state college.’”
The PPPA states that “each public agency is prohibited from” requiring individuals or nonprofit organizations to disclose personal information, and from publicly releasing any list that identifies people as members, supporters, volunteers, or donors of a nonprofit without their explicit permission.
“Ultimately, we always return to a simple slogan: Transparency is for government, privacy is for people. Public universities funded by public dollars are part of the government,” he said.
The College Fix followed up with People United for Privacy on March 13 to ask if the group believes the school is misinterpreting the law. The group did not respond.
Other conservative groups declined to comment or did not respond to requests for insights into the university’s interpretation and any planned response.
Americans for Prosperity did not respond to two requests for comment on March 2 and March 9. The Platte Institute, Sen. Danielle Conrad, Nebraska Family Alliance, and the University of Nebraska System also did not respond to inquiries earlier this month.
The ACLU of Nebraska told The Fix it supported the university’s interpretation of the law. The Fix had asked the group for legal help to challenge the records denial.
“We share your desire for transparency in government and seek it in harmony with our robust defense of free expression,” attorney Carter Matt told The Fix.
Editor’s note: Associate Editor Matt Lamb assisted with this article.
