Comment on “Voices from Beyond the Grave: Protecting the Audio of Murder Victims Through (Intellectual) Property Law” by Alexandra M. Hudson

Alex’s Note correctly identifies the tension between two important, competing values when it comes to how the law should deal with the sound recordings of murder victims captured in a public record, such as a 911 call or body camera footage. The first value is government transparency, including disclosure of public records through federal and state Freedom of Information Acts (FOIAs). As the Supreme Court has explained, “[t]he basic purpose of FOIA is to ensure an informed citizenry, vital to the functioning of a democratic society, needed to check against corruption, and to hold the governors accountable to the governed.” Particularly in the context of a murder trial, transparency is important to protect the constitutional rights of the accused, ensure due process, deter government misconduct, and promote public confidence in the fairness of the criminal justice system.