David L Cuillier

Interests

Teaching

Teach advanced reporting, public affairs reporting, computer-assisted reporting, introductory journalism courses, and access to government records. Also have taught media law, media ethics, and digital communications law.

Research

Citizen and press access to government information, specifically examining factors that affect public attitudes toward access, as well as the ability for the press and public to acquire government records.

Courses

Scholarly Contributions

Books

• Cuillier, D. L., & Davis, C. N. (2019). The art of access: Strategies for acquiring public records - second edition. Washington, D.C.: CQ Press, a division of Sage.
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  Whatever you’re trying to learn about the world—as a journalist or as an informed citizen— public records often hold the key. But what records, where? And how to get them? It starts with understanding the Freedom of Information Act, but what you really need are strategies for dealing with the officials who stand between you and the information you seek. Gaining access to records is an art, one that requires an organized approach and a good understanding of human behavior. The Art of Access is a how-to guide for putting the law into action and using ingenuity to pry records loose. Building on their own experience and interviews with more than 100 practitioners, FOI experts and longtime journalists David Cuillier and Charles Davis help you rethink the information-gathering process and develop a document state of mind.
• Davis, C. N., & Cuillier, D. L. (2014). Transparency 2.0: Digital data and privacy in a wired world. Peter Lang Publishing. doi:https://doi.org/10.3726/978-1-4539-1333-8
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  Transparency 2.0 investigates a host of emerging issues around the collision of information and personal privacy in a digital world. Delving into the key legal concepts of information access and privacy, such as practical obscurity, the U.S. Supreme Court’s central purpose test, and Europe’s emerging concept of the «right to be forgotten», contributors examine issues regarding online access to court records, social media, access to email, and complications from massive government data dumps by Wikileaks, Edward Snowden, and others. They offer solutions to resolving conflict and look to the future as a new generation learns to live in an open digital world where the line between information and privacy blurs ever faster. This book is ideal for anyone interested in the legal battlefield over access and privacy, as well as for classes in the law of the media and First Amendment, privacy, journalism, and public affairs.
• Cuillier, D. L., & Davis, C. N. (2010). The art of access: Strategies for acquiring public records. Washington, D.C.: CQ Press, a division of Sage.
  More info

  Whatever you’re trying to learn about the world—as a journalist or as an informed citizen— public records often hold the key. But what records, where? And how to get them? It starts with understanding the Freedom of Information Act, but what you really need are strategies for dealing with the officials who stand between you and the information you seek. Gaining access to records is an art, one that requires an organized approach and a good understanding of human behavior. The Art of Access is a how-to guide for putting the law into action and using ingenuity to pry records loose. Building on their own experience and interviews with more than 100 practitioners, FOI experts and longtime journalists David Cuillier and Charles Davis help you rethink the information-gathering process and develop a document state of mind.
• Irby, J., Bird, K., English, S., & Cuillier, D. L. (2007). Reporting that matters: Public affairs coverage. New York: Pearson.
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  This book seeks to demystify news about government and public issues and shows student journalists how to present it in ways that engage and empower readers, viewers, and listeners. It expands the traditional approach to public affairs reporting beyond the mainstay of local and regional news coverage to include virtually everything that is involved in public life: from government to the arts, religion to the environment, business to law enforcement, and more. The book emphasizes the importance of understanding every facet of the community and the idea that public affairs reporting should focus less on institutions and more on specific issues that concern the public.

Chapters

• Cuillier, D. L. (2019). Scandals and freedom of information. In Meda and Scandal(p. 514). United Kingdom: Routledge.
• Cuillier, D. L. (2017). Government information and leaks. In Social Media and the Law - second edition(pp 145-159). New York: Routledge.
• Cuillier, D. L. (2015). Access to information. In Guide to Key Issues in Mass Media Ethics and Law. Thousand Oaks, CA: Sage.
• Cuillier, D. L., & Ross, S. D. (2010). Gambling with identity: American Indian self-representations on tribal Web sites. In Race/Gender/Media - 2nd edition(pp 150-158). New York: Pearson.
• Cuillier, D. L. (2006). Covering meetings. In The Student Newspaper Survival Guide(p. 25). Ames, Iowa: Blackwell.

Journals/Publications

• Carlson, C., & Cuillier, D. L. (2017). Public information officers exert increasing controls. Newspaper Research Journal, 38(2), 198-214.
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  Journalists have long experienced a love-hate relationship with government public information officers (PIOs) in setting the public agenda, particularly at the federal level. Three surveys of journalists and PIOs examined whether government controls impact journalists’ gatekeeping roles. Results indicated that journalists felt PIO controls are increasing, that reporters covering federal agencies express the most frustration, and that PIOs at the federal level indicate the greatest need for controls over journalists.
• Cuillier, D. L. (2016). The people's right to know: Comparing Harold L. Cross' pre-FOIA world to post-FOIA today. Communication Law & Policy, 21(3), 433-463. doi:10.1080/10811680.2016.1216678
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  Journalists and politicians often disagree over whether the state of freedom of information is better or worse since the passage of the Freedom of Information Act in 1966. This study attempts to provide some historical context by comparing the state of access in 1953 as outlined in detail in The People’s Right to Know by Harold L. Cross, the first comprehensive review of case law and statutes in the United States regarding access to public records at local, state and federal agencies. Analysis indicates that the legal right to information, particularly for police records and federal documents, is better today than it was in1953, but challenges persist regarding compliance, enforcement and the prevalence of exemptions. Recommendations are provided for the next fifty years, including renewal of Cross’ urging for a First Amendment right to know.
• Schwalbe, C. B., & Cuillier, D. (2013). "Ethics Pedagogy 2.0: A Content Analysis of Award-Winning Media Ethics Exercises". Journal of Mass Media Ethics, 28(3), 175-188. doi:10.1080/08900523.2013.795058
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  A content analysis of 253 Great Ideas for Teachers (GIFTs) found that most of the 18 activities suitable for ethics courses relied on traditional methods of teaching, mainly discussions, teamwork, and case studies. Few used online technology, games, or simulations, compared with activities in other areas of journalism education. While most ethics ideas were designed to stimulate higher order learning, they were less likely than other GIFTs to incorporate varied elements that might improve student engagement. The authors make suggestions, based on the education literature and GIFT analysis, for incorporating dynamic, interactive activities in ethics courses.
• Cuillier, D. L. (2012). Subconscious gatekeeping: The effect of death thoughts on bias toward outgroups in news writing. Mass Communication and Society, 15(1), 4-24. doi:https://doi.org/10.1080/15205436.2011.568317
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  This study contributes to gatekeeping theory by examining the importance of individual-level subconscious psychological factors in news story fact selection, specifically whether the thought of death increases biased writing toward outgroups. An experiment (N = 79), based on terror management theory from social psychology, indicated that college journalists primed to think about death injected into their news stories 66% more negative facts toward a rival university than those in a control condition. Implications for mass media research, particularly individual-level psychological factors overriding routine gatekeeping forces, are discussed.
• Cuillier, D. L., & Pinkleton, B. (2011). Suspicion and secrecy: Political attitudes and their relationship to support for freedom of information. Communication Law and Policy, 16(3), 227-254.
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  Public attitudes toward government transparency can affect freedom of information policies, laws and even, perhaps, court rulings. Relatively little research, however, has identified factors that explain and predict public support for open government, an essential element of democracy, journalism and freedom of information law and policy. This survey based study examines how political psychographic factors, such as skepticism, cynicism, apathy, complacency, liberalism and external efficacy relate to support for government transparency in principle. Results from a random-digit-dial telephone survey of Washington state residents (N=416) indicate that skepticism, cynicism and political liberal values predict support for government transparency. Implications discussed include the importance of cynicism and skepticism in political decision-making, as well as the role of critical thinking and the questioning of authority in the development of freedom of information law and policy.
• Cuillier, D. L. (2010). Honey v. Vinegar: Testing compliance-gaining theories in the context of freedom of information laws. Communication Law and Policy, 15(3), 203-229. doi:10.1080/10811680.2010.489842
  More info

  Freedom of information laws are useful to the extent that they are followed. This study, based on compliance-gaining theories, employs two field experiments to examine the effect of persuasion tactics and litigation threats on agency adherence to public records laws. In Study 1, a journalist requested use-of-force reports from all police agencies in a state, mailing agencies either friendly or threatening letters, randomly assigned. In Study 2, a journalist requested superintendent contracts from school districts, mailing agencies randomly assigned versions of friendly, neutral or threatening letters. In both experiments the threatening letter resulted in slightly higher response rates, lower copy fees and faster response times, however, the friendly letter resulted in more helpful behavior from agencies. The article concludes by discussing implications for journalists, compliance-gaining theory in a legal realm, and freedom of information.
• Cuillier, D. L., Duell, B., & Joireman, J. (2010). The mortality muzzle: The effect of death thoughts on attitudes toward national security and a watchdog press. Journalism: Theory, Practices and Criticism, 11(2), 185-202. doi:10.1177/1464884909355734
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  This study, based on terror management theory, employs an experiment to examine how the thought of death affects people’s attitudes toward a watchdog press. Findings suggest that people who most value national security demonstrate less support for a watchdog press when primed to think of death than security-minded participants in a control group. The results provide one potential explanation for rally-around-the-flag effects and for why some people more strongly oppose journalists criticizing the government during times of mortal strife, such as war or terrorist attacks. Implications discussed include suggestions, based on theory, for preventing these attitudinal shifts, and the application of terror management theory to other areas of political communication research.
• Cuillier, D., & Schwalbe, C. B. (2010). "GIFTed Teaching: A Content Analysis of 253 Great Ideas for Teaching Awards in Journalism and Mass Communication Education". Journalism & Mass Communication Educator, 65(1), 22-39. doi:10.1177/107769581006500104
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  A content analysis of all 253 Great Ideas for Teaching (GIFT) awards presented 2000–2009 at Association for Education in Journalism and Mass Communication conventions found that exercises containing the most effective teaching elements identified in the educational literature were team-based and used in courses involving visual communication, such as photography, online, and advertising. Relatively few ideas incorporated technology or elements of diversity. This exploratory study also introduces a measure for assessing the number of teaching elements in classroom exercises, based on theory from the education field. Other findings and implications for journalism and mass communication education are discussed.
• Relly, J. E., & Cuillier, D. L. (2010). A comparison of political, cultural, and economic indicators of access to information in Arab and non-Arab states. Government Information Quarterly, 27(4), 360-370. doi:10.1016/j.giq.2010.04.004
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  As more and more countries adopt access-to-information (ATI) laws to advance economic development and democratic self-governance, efforts are under way to foster ATI movements in the Arab world. While one nation in that region already has adopted the legislation, the likelihood of adoption in other Arab states is unknown. This comparative study analyzed 12 quantitative indicators measuring political, cultural, and economic factors associated with access to information. Results indicate that Arab countries, as a whole, contrast sharply in nearly all areas with non-Arab countries that have ATI laws and are consistent with non-Arab countries that do not have ATI laws. However, the study also found that the most recent ATI law adopters had weaker political, cultural, and economic enabling environments for government information access, which may portend a global phenomenon that will continue and could explain the interest in adopting the legislation in the Arab world. Findings also suggest that while a handful of Arab countries might have the wealth to effectively implement ATI laws, political and cultural conditions may be substantial obstacles for greater government transparency. Other results regarding the use of quantitative indicators of ATI adoption, particularly structural pluralism, are discussed.
• Cuillier, D. L. (2009). Mortality morality: Effect of death thoughts on journalism students' attitudes toward relativism, idealism, and ethics. Journal of Mass Media Ethics, 24(1), 40-58. doi:10.1080/08900520802644394
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  This study, based on terror management theory from social psychology, examines how the thought of death affects journalism students' views toward relativism, idealism, and unethical journalistic behavior. College journalism students (N = 101) participated in an experiment where half were primed to think about death and the other half, the control group, thought about dental pain. Then, all of them completed a questionnaire measuring their attitudes toward ethics. Results showed that although those in the death group were no more fearful, they were less relativistic and more strongly opposed to socially undesirable behavior by journalists, such as lying, publishing the names of rape victims, and reporting a public official's sexual affair. Implications for ethics research and journalists are discussed.
• Cuillier, D. L., & Piotrowski, S. J. (2009). Internet information seeking and its relation to support for access to government records. Government Information Quarterly, 26(3), 441-449. doi:10.1016/j.giq.2009.03.001
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  Public access to government records is essential for democratic self-governance, and attitudes toward that right can facilitate or hinder public policy regarding transparency. As more people use the internet for gathering information about their governments and communities, it is unknown whether such online information-seeking is related to increased support for government transparency and the right to request public records. This paper applies a uses and gratification theory approach to examine internet information use and its relation to support for citizen and press access to government records. Three U.S. studies examined media-use correlates with support for government transparency: a paper questionnaire survey of college students (N = 614), an online survey (N = 1819), and a random-digit-dial telephone survey of randomly selected U.S. adults (N = 403). Analyses indicated varying results for television and newspaper use, but in all three datasets reliance on the internet for information was positively associated with support for access to public records. Implications for government transparency in a society increasingly reliant on the internet for information are discussed.
• Cuillier, D. L., Duell, B., & Joireman, J. (2009). FOI friction: The thought of death, national security values, and polarization of attitudes toward freedom of information. Open Government, 5(1).
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  This study applies terror management theory from social psychology to test the effects of death thoughts on attitudes toward the press‟ right to access government records. Results from an experiment (N = 158) indicated that those who most value national security express less support for freedom of information. Further, under a death thought condition attitudes are amplified such that people who most value national security demonstrate even lower support for press access to government records and people who least value national security demonstrate increased support for access to public records when confronted with their own mortality. The results provide one potential explanation for the polarization of public attitudes toward access to public records during times of mortal strife. Implications are discussed, including theoretically based suggestions for preventing polarization during troubled times.
• Cuillier, D., & Schwalbe, C. B. (2009). "10 Years of Great Ideas: A Summary of 253 GIFTs and 10 Tips for Creating Your Own Terrific Teaching Tools". The Community College Journalist, 37(3), 62-66.
• Cuillier, D. L. (2008). Access attitudes: A social learning approach to examining community engagement and support for press access to government records. Journalism and Mass Communication Quarterly, 85(3), 549-576. doi:10.1177/107769900808500305
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  This survey-based study examines public attitudes toward press access to government records, deriving a political model predicting support for freedom of information based on social learning theory and testing whether support for press access is best explained by societal power, media importance, or political attitudes. Findings indicate that support is tied most closely to political attitudes such that the strongest predictors are community engagement and support for press rights, regardless of age, income, education, newspaper reading, or other variables. The results offer insights to help journalists, scholars, and citizens understand—and perhaps influence—public attitudes toward freedom of information.
• Cuillier, D. L., & Ross, S. D. (2007). Gambling with identity: Self-representation of American Indians on official tribal websites. Howard Journal of Communications, 18(3), 197-219. doi:10.1080/10646170701490781
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  This analysis of 224 official American Indian websites examines how tribes with the incentive to attract tourists to casino gambling represent their identities on the Internet. The framing analysis found that nearly 4 out of 10 tribes with casinos represent their own identities using the historic relic frame - primarily relying on the exotic Other, such as tepees and stoic chiefs in headdresses, locked in the past. In contrast, only 1 in 10 of the tribes without casinos communicates the same identity, instead being more likely to display a voiced participant frame of modern images and assertions of sovereignty and resistance. Implications for ethnic tourism are discussed, including the continued marginalization and stereotyping of American Indians, in this case, by American Indians themselves.
• Cuillier, D. L. (2004). Laggards and leaders: The relationship between college media advisers' personalities and the adoption of new technology. College Media Review, 42(1), 16-23.
• Cuillier, D. L. (2004). Public support for press access declines as personal privacy concerns increase. Newspaper Research Journal, 25(4), 95-103. doi:10.1177/073953290402500410

Presentations

• Cuillier, D. L. (2019, Summer). Secrecy denied: Effect of attorney fee-shifting provisions in public record laws. Global Conference on Transparency. Rio de Janeiro, Brazil: Global Conference on Transparency.
• Cuillier, D. L., & Carlson, C. (2014, August). Gatekeepers under siege: Assessing factors of government public information officers’ controls on journalists. Association for Education in Journalism and Mass Communication. Montreal, Canada: Association for Education in Journalism and Mass Communication, Newspaper and Online Division.
• Cuillier, D. L. (2011, May). Pressed for time: U.S. journalists’ use of public records during economic crisis. Global Conference on Transparency Research. Newark, NJ: Global Conference on Transparency Research.
• Cuillier, D. L. (2010, Summer). Honey v. Vinegar: Testing compliance-gaining theories in the context of freedom of information laws. International Communication Association. Singapore: International Communication Association, Communication Law and Policy Division.
  More info

  Freedom of information laws are useful to the extent that they are followed. This study, based on compliance-gaining theories, employs two field experiments to examine the effect of persuasion tactics and litigation threats on agency adherence to public records laws. In Study 1, a journalist requested use-of-force reports from all police agencies in a state, mailing agencies either friendly or threatening letters, randomly assigned. In Study 2, a journalist requested superintendent contracts from school districts, mailing agencies randomly assigned versions of friendly, neutral or threatening letters. In both experiments the threatening letter resulted in slightly higher response rates, lower copy fees and faster response times, however, the friendly letter resulted in more helpful behavior from agencies. The article concludes by discussing implications for journalists, compliance-gaining theory in a legal realm, and freedom of information.
• Cuillier, D. L. (2010, Summer). Subconscious gatekeeping: Effect of death thoughts on intergroup bias in news writing. International Communication Association. Singapore: International Communication Association, Journalism Studies Division.
• Cuillier, D. L., & Cuillier, D. L. (2010, Summer). Honey v. Vinegar: Testing compliance-gaining theories in the context of freedom of information laws. Communication Law and Policy.
  More info

  Freedom of information laws are useful to the extent that they are followed. This study, based on compliance-gaining theories, employs two field experiments to examine the effect of persuasion tactics and litigation threats on agency adherence to public records laws. In Study 1, a journalist requested use-of-force reports from all police agencies in a state, mailing agencies either friendly or threatening letters, randomly assigned. In Study 2, a journalist requested superintendent contracts from school districts, mailing agencies randomly assigned versions of friendly, neutral or threatening letters. In both experiments the threatening letter resulted in slightly higher response rates, lower copy fees and faster response times, however, the friendly letter resulted in more helpful behavior from agencies. The article concludes by discussing implications for journalists, compliance-gaining theory in a legal realm, and freedom of information.
• Cuillier, D. L., & Relly, J. E. (2010, Summer). FOI in the Arab world: An analysis of political, cultural, and economic indicators of transparency readiness. International Communication Association. Singapore: International Communication Association, Communication Law and Policy Division.
• Relly, J. E., & Cuillier, D. L. (2010, June). Comparing political, cultural, and economic indicators of access to information in Arab and non-Arab states. International Communication Association Annual Conference. Singapore: International Communication Association, Communication Law and Policy.
• Cuillier, D. L. (2009, May). Follow the leader: Effect of death thoughts on U.S. journalists’ support for President George W. Bush. International Communication Association. Chicago: International Communication Association, Journalism Studies Division.
• Cuillier, D. L., & Pinkleton, B. (2009, August). Suspicion and secrecy: The relationship between skepticism, cynicism, and support for freedom of information. Association for Education in Journalism and Mass Communication. Boston: Association for Education in Journalism and Mass Communication, Mass Communication and Society Division.
• Cuillier, D. L., & Schwalbe, C. B. (2009, August). Beyond case studies: An analysis of teaching effectiveness in award-winning media ethics exercises. Association for Education in Journalism and Mass Communication. Boston: Association for Education in Journalism and Mass Communication, Media Ethics Division.
• Cuillier, D. L., & Schwalbe, C. B. (2009, August). GIFTed teaching: An analysis of 228 Great Ideas for Teaching (GIFT) awards in journalism education. Association for Education in Journalism and Mass Communication. Boston: Association for Education in Journalism and Mass Communication, Small Programs Interest Group.
• Cuillier, D. L. (2008, August). Mortality morality: The effect of death thoughts on journalism students’ attitudes toward relativism, idealism, and ethics. Association for Education in Journalism and Mass Communication. Chicago: Association for Education in Journalism and Mass Communication, Media Ethics Division (top paper).
• Cuillier, D. L. (2007, August). Access attitudes: The importance of community engagement in support for press access to government records. Association for Education in Journalism and Mass Communication. Washington, D.C.: Association for Education in Journalism and Mass Communication, Media Law Division (top paper).
• Cuillier, D. L., Duell, B., & Joireman, J. (2007, August). The mortality muzzle: Effect of death thoughts on support for press censorship. Association for Education in Journalism and Mass Communication. Washington, D.C.: Association for Education in Journalism and Mass Communication, Communication Theory and Methodology Division.

Poster Presentations

• Cuillier, D. L., & Hijazi, J. (2017, August). Effects of virtual-reality news video on transportation, attitudes, fact-recall and intentions to act. Association for Education in Journalism and Mass Communication. Chicago: Association for Education in Journalism and Mass Communication, Electronic News Division.

Creative Productions

• Cuillier, D. L. (2017. Trump’s attacks on the media attack us all. Arizona Republic. Phoenix: Arizona Republic.
  More info

  Opinion piece for Arizona Republic
• Cuillier, D. L., & Newton, E. (2017. Government resists open records laws. Various newspapers. Columbia, Missouri: American Society of News Editors. http://billingsgazette.com/opinion/columnists/guest-opinion-government-resists-open-records-laws/article_c70485cc-a72e-5a01-8a46-29ef6eae3f54.html
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  Opinion column distributed by ASNE for national Sunshine Week, to be published in various newspapers across the nation.
• Cuillier, D. L. (2016. Access to public records protects public safety. Arizona Daily Star. Tucson: Arizona Daily Star. http://tucson.com/news/opinion/column/guest/david-cuillier-access-to-public-records-protects-public-safety/article_9251bf7a-58b1-5729-a281-62633934b537.html
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  Opinion piece for the Star
• Cuillier, D. L. (2015. Sunshine week shines light on lack of freedom. USA Today. American Society of News Editors: USA Today. http://www.usatoday.com/story/opinion/2015/03/16/freedom-of-information-united-states-laws-international-journalism-transparency-column/24847427/
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  Column for national sunshine week - distributed by ASNE to numerous papers

Creative Performances

• Cuillier, D. L. (2015. Want to protect free speech? Push back harder. Arizona Republic. Phoenix: Arizona Republic. http://www.azcentral.com/story/opinion/op-ed/2015/01/10/charlie-hebdo-free-speech/21514851/
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  Opinion piece

Others

• Cuillier, D. L., & Fettig, T. (2021, March). States of Denial. National Freedom of Information Coalition.
  More info

  Survey of state coalitions for open government to identify trends and issues in freedom of information, at: https://drive.google.com/file/d/1L8yJY1Lrufg-rfqxFBqQfsi54BUhsBRK/view
• Cuillier, D. L., & Newton, E. (2020, March). Mapping the civic data universe: Ten ways to improve access to government information through expanded interstellar connections. John S. and James L. Knight Foundation.
• Cuillier, D. L., & Newton, E. (2017, March). Forecasting freedom of information: Why it faces problems - and how experts say they could be solved. John S. and James L. Knight Foundation. https://knightfoundation.org/reports/forecasting-freedom-of-information
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  In “Forecasting Freedom of Information,” the work of University of Arizona associate professor of journalism David Cuillier, a survey of 300 people–journalists, advocates, record custodians, technology companies, scholars and freedom of information experts–revealed lengthy delays, ignored requests, excessive fees and, in many cases, an unwillingness to consider producing government records because of outmoded technology.