Full opinion text
OPINION AND ORDER GEORGE C. SMITH, District Judge. I. Introduction Plaintiff, United States of America (“United States”), commenced this action on January 22, 1998, suing on its own behalf and on behalf of the United States Department of Education (“Department”). The Complaint alleges that Defendants, The Miami University and The Ohio State University (“Defendants”), violated the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232g, by releasing student disciplinary records containing personally identifiable information without the prior consent of the students or their parents. Plaintiff also claims that Defendants have a policy or practice of releasing such records and that Defendants intend to continue releasing such records in the future. Plaintiff sought relief in the form of a declaratory judgment, and preliminary and permanent injunctions. On February 12, 1998, the Court issued a preliminary injunction prohibiting Defendants from releasing student disciplinary records that contain “personally identifiable information,” except as otherwise expressly permitted under FERPA. Subsequently, the Court permitted The Chronicle of Higher Education (“Intervenor” or “The Chronicle ”), a national weekly newspaper covering issues regarding higher education, to intervene as a defendant in this action. Since intervening, The Chronicle has filed a motion to dismiss for lack of subject matter jurisdiction, and a motion for an order of procedure establishing a period for discovery and permitting an evidentia-ry hearing on the merits. In response, Plaintiff has moved for summary judgment and a permanent injunction. For the reasons that follow, The Chronicle ’s Motion to Dismiss and its Motion for an Order of Procedure are denied. Plaintiffs Motion for Summary Judgment is granted. II. Facts The circumstances giving rise to the instant case find their genesis in State ex. rel. The Miami Student v. Miami University, 79 Ohio St.3d 168, 680 N.E.2d 956 (1997), an Ohio Supreme Court decision addressing, inter alia, the scope of the term “education records” under FERPA. In Miami University, the university student newspaper, The Miami Student, requested records of Miami University’s student disciplinary proceedings. Miami University initially refused to release the records, and subsequently, the newspaper made a formal request under the Ohio Public Records Act, Ohio Rev.Code § 149.43. See id. at 957. In April 1996, Miami University released redacted copies of some of its disciplinary records. Relying on FERPA, it deleted the name, sex and age of the accused students, as well as the date, time and location of the incidents giving rise to the disciplinary charges. See id. The student newspaper was not satisfied with the redacted copies. It believed that the Ohio Public Records Act required Miami University to provide it with complete copies of the disciplinary records, with only names and social security numbers or student identification numbers redacted. See id. Consequently, the newspaper filed an original mandamus action-in the Ohio Supreme Court, seeking a writ compelling the university to disclose the disputed records pursuant to the Ohio Public Records Act. See id. The Ohio Supreme Court issued its decision on July 9, 1997, granting a writ of mandamus compelling the university to disclose its student disciplinary records. See id. at 960. In reaching this result, the court held that FERPA did not apply to student disciplinary records. See id. at 959. Specifically, the court concluded that student disciplinary records are not “education records” as defined in FERPA because disciplinary records “do not contain educationally related information, such as grades or other academic data, and are unrelated to academic performance, financial aid, or scholastic performance.” Id. at 958-59. Soon after the Ohio Supreme Court issued its decision, Defendants received requests from The Chronicle to release student disciplinary records for the years 1995 and 1996, with no redactions. (Doc. 7 and Ex. A attached thereto; May 19, 1998, Appendix of Intervenor, Doc. No. 6). On July 21, 1997, after receiving The Chronicle’s request, Miami University notified the Department of Education that it “may be unable to comply with the Family Educational Rights and Privacy Act due to a potential conflict with state law[,]” namely the Ohio Public Records Act. The Department responded to Miami University by letter dated August 7, 1997. The letter stated that the Department believed that student disciplinary records are “education records” as defined by FERPA, and thus, it would be a violation of federal law for Miami University to release student disciplinary records or any personally identifiable information contained therein without the student’s prior consent. (Doc. 3 and Ex. A attached thereto). On September 5, 1997, general counsel for Miami University informed the Department that it would appeal the Ohio Supreme Court’s decision in Miami University to the United States Supreme Court. (Compl. ¶ 10; Doc. 3 and Ex. A attached thereto). The United States Supreme Court, however, denied the petition for certiorari on December 8, 1997. See 522 U.S. 1022, 118 S.Ct. 616, 139 L.Ed.2d 502 (1997). This prompted Miami University to accommodate The Chronicle’s previous request for disciplinary records by releasing such records for the months of November 1995 and November 1996, redacting only student social security numbers. (Doc. 3 and Ex. A attached thereto). Moreover, Miami University informed the Department that it intended to provide The Chronicle with copies of the remainder of its student disciplinary records from 1995 and 1996. (Doc. 3 and Ex. A attached thereto). On January 7, 1998, the Department learned from counsel for The Ohio State University that The Chronicle also had requested student disciplinary records from OSU, and that on December 22,1997, OSU had released its student disciplinary records from November 1995 and November 1996. Furthermore, on January 16, 1998, OSU informed the Department that The Chronicle had requested the remainder of its disciplinary records from 1995 and 1996, and that OSU intended to comply with that request. (Id.). Consequently, the Department filed the instant action and a motion for a preliminary injunction on January 23, 1998. At a conference regarding the motion for a preliminary injunction, Plaintiff and Defendants agreed that the facts in this case are not in dispute, and that an evidentiary hearing is not required. Furthermore, during a telephonic status conference with the parties, Defendants’ counsel indicated that unless enjoined, Defendants intended to continue to release their respective disciplinary records. On, February 12, 1998, the Court issued a preliminary injunction prohibiting the release of student disciplinary records and personally identifiable information contained therein, except as expressly permitted under FERPA. That injunction is still in force. III. Motion to Dismiss As an initial matter, The Chronicle moves this Court to dismiss the instant action pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure for lack of subject matter jurisdiction. More specifically, it argues that the United States lacks standing to bring this action. A. Rule 12(b)(1) Standard For purposes of ruling on a motion to dismiss for lack of standing pursuant to Rule 12(b)(1), the court must view the complaint in the light most favorable to the plaintiff and must accept as true all material allegations in the complaint. See Warth v. Seldin, 422 U.S. 490, 501, 95 S.Ct. 2197, 45 L.Ed.2d 343 (1975). “Plaintiffs, however, bear the burden of persuading the court that it has subject matter jurisdiction.” American Fed. of Govt. Employees v. Clinton, 180 F.3d 727, 729 (6th Cir.1999). B. Standing A party seeking relief in federal court must have standing to sue in order for the federal court to have jurisdiction over the matter. See Kardules v. Columbus, 95 F.3d 1335, 1346 (6th Cir.1996). The concept of standing derives from the mandate in Article III of the United States Constitution that federal courts adjudicate only “cases” or “controversies”. See U.S. Const. Art. Ill, § 2, cl. 1; Allen v. Wright, 468 U.S. 737, 750-51, 104 S.Ct. 3315, 82 L.Ed.2d 556 (1984). Standing involves both constitutional and prudential dimensions. See Warth v. Seldin, 422 U.S. at 498, 95 S.Ct. 2197. From a constitutional standpoint, a plaintiff must satisfy, at a minimum, three requirements in order to establish standing: First, the Plaintiff must have suffered an “injury in fact”—an invasion of a legally protected interest which is (a) concrete and particularized, and (b) “actual or imminent, not ‘conjectural’ or ‘hypothetical.]’ ” Second, there must be a causal connection between the injury and the conduct complained of—the injury has to be “fairly ... traee[able] to the challenged action of the defendant, and not ... th[e] result [of] the independent action of some third party not before the court.” Third, it must be “likely,” as opposed to merely “speculative,” that the injury will be “redressed by a favorable decision.” Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992) (citations and footnotes omitted) (brackets in original). The issue before this Court is whether the Department of Education has standing, either statutorily or otherwise, to bring this action against Defendants, The Ohio State University and Miami University. For the reasons that follow, the Court holds that the Department does have standing to bring this action for injunctive and declaratory relief. 1. Plain Language and Purpose of the Statute It is well settled that when an agency is acting pursuant to a statute, that agency “has no power to act ... unless and until Congress confers power upon it.” Louisiana Pub. Serv. Comm’n v. FCC, 476 U.S. 355, 374, 106 S.Ct. 1890, 90 L.Ed.2d 369 (1986); see also Houston Oil & Refining, Inc. v. United States Fed. Energy Regulatory Comm’n, 95 F.3d 1126, 1135-36 (Fed.Cir.1996); Friends of Crystal River v. United States Environ. Protection Agency, 35 F.3d 1073, 1079-80 (6th Cir.1994); Walker v. Luther, 830 F.2d 1208, 1211 (2d Cir.1987) (“As a matter of statutory construction, statutes granting power to administrative agencies are strictly construed as conferring only those powers granted expressly or by necessary implication.”). The Chronicle, together with Amici in Opposition to Plaintiff, argue that the Department and the United States have no standing to bring this suit for declaratory and injunctive relief because Congress has not conferred such authority upon them, and because they are bound by the administrative remedies enumerated in the act and its corresponding regulations. The Court, therefore, must interpret the language of FERPA and related provisions to determine whether the Department does in fact have express authority to bring this action. “It is axiomatic that ‘[t]he starting point in every case involving construction of a statute is the language itself.’ ” Landreth Timber Co. v. Landreth, 471 U.S. 681, 685, 105 S.Ct. 2297, 85 L.Ed.2d 692 (1985) (quoting Blue Chip Stamps v. Manor Drug Stores, 421 U.S. 723, 756, 95 S.Ct. 1917, 44 L.Ed.2d 539 (1975) (Powell, J., concurring)). A statute’s plain language must ordinarily be regarded as conclusive, unless there exists a clearly expressed legislative intention to the contrary. See Parker-Hannifin v. Commissioner of Internal Revenue, 139 F.3d 1090, 1095 (6th Cir.1998); Walker, 830 F.2d at 1210. Applying this principle to the instant case, the Court finds that the plain meaning of the statutory text at issue here confers authority upon the Department to file a civil action to enforce the provisions of FERPA. The express language of FERPA states: [T]he Secretary [of Education] shall take appropriate actions to enforce this section and to deal with violations of this section, in accordance with this chapter, except that actions to terminate assistance may be taken only if the Secretary finds there has been a failure to comply with this section, and he has determined that compliance cannot be secured by voluntary means. 20 U.S.C. § 1232g(f). The statutory scheme provided for FERPA’s enforcement is further set forth at 20 U.S.C. § 1234c, as follows: § 1234c. Remedies for existing violations (a) Whenever the Secretary has reason to believe that any recipient of funds under any applicable program is failing to comply substantially with any requirement of law applicable to such funds the Secretary may — • (1) withhold further payments under that program, as authorized by section 1234d of this title; (2) issue a complaint to compel compliance through a cease and desist order of the Office, as authorized by section 1234e of this title; (3) enter into a compliance agreement with a recipient to bring it into compliance, as authorized by section 1234f of this title; or (4) take any other action authorized by law with respect to the recipient. (b) Any action, or failure to take action, by the Secretary under this section shall not preclude the Secretary from seeking a recovery of funds under section 1234a of this title. 20 U.S.C. § 1234c (emphasis added). By including the phrase, “take any other action authorized by law with respect to the recipient[,]” Congress intended to provide the Secretary of Education with broad powers to effectuate and enforce the provisions of FERPA, including the power to file civil actions in federal court. A civil action seeking injunctive relief is a common method for enforcing rights and obligations arising under federal law. Thus, it follows that this lawsuit is an “action authorized by law” as stated in § 1234c. Furthermore, reference to other federal case law supports the Court’s finding that the language in § 1234c(a)(4) authorizes the Secretary of Education to file federal actions. Several federal courts have construed similar language in other federal statutes as authorizing agencies to file enforcement actions in federal court. See United States v. Baylor Univ. Med. Ctr., 736 F.2d 1039, 1050 (5th Cir.1984) (interpreting enforcement provisions of the Rehabilitation Act, 29 U.S.C. § 794), cert. denied, 469 U.S. 1189, 105 S.Ct. 958, 83 L.Ed.2d 964 (1985); National Black Police Assoc. v. Velde, 712 F.2d 569, 575-76 (D.C.Cir.1983) (interpreting enforcement provisions of Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d-l), cert. denied, 466 U.S. 963, 104 S.Ct. 2180, 80 L.Ed.2d 562 (1984); Brown v. Califano, 627 F.2d 1221, 1225, 1227-29, 1232-33 n. 67 (D.C.Cir.1980) (interpreting enforcement provisions of Title VI); United States v. Marion County Sch. Dist., 625 F.2d 607, 612-13 (5th Cir.1980) (interpreting the enforcement provisions of Title VI), cert. denied, 451 U.S. 910, 101 S.Ct. 1980, 68 L.Ed.2d 298 (1981); United States v. City of Denver, 927 F.Supp. 1396, 1400 (D.Col.1996) (interpreting enforcement provisions of Title VI as applied to Title II of the Americans with Disabilities Act, 42 U.S.C. § 12131, et seq.) For example, Title VI of the Civil Rights Act of 1964, which is codified at 20 U.S.C. § 2000d-l, prohibits discrimination on the grounds of race, color, or national origin under any program receiving federal financial assistance. Moreover, 42 U.S.C. § 2000d-l provides that each department or agency that is empowered to effectuate the provisions of Title VI may ensure compliance, “(1) by the termination of or refusal to grant or to continue assistance under such program or activity to any recipient as to whom there has been an express finding on the record ... or (2) by any other means authorized by law.” 42 U.S.C. § 2000d-l (emphasis added). In National Black Police Assoc. v. Velde, 712 F.2d 569 (D.C.Cir.1983), cert. denied, 466 U.S. 963, 104 S.Ct. 2180, 80 L.Ed.2d 562 (1984), several African-American and women police officers filed a lawsuit against various federal agencies and officials. The police officers alleged that the agencies had violated the officers’ constitutional and statutory rights, including Title VI, by failing to terminate federal funding to local law enforcement agencies that used funds to discriminate on the basis of race and sex. Id. at 572. The court had to determine whether the federal agencies and officials were protected from liability by qualified immunity. The standard for qualified immunity required the court to determine whether the federal officials’ “failure to terminate funding to local law enforcement agencies violated statutory or constitutional duties clearly established at the time the failure occurred.” Id. at 574. The court, in holding that Title VI did not impose a clear statutory duty regarding termination of funding, made the following statements: Compliance with any requirement adopted pursuant to [Title VI] may be effected (1) by the termination of or refusal to grant or to continue assistance under such program or activity to any recipient as to whom there has been an express finding on the record, after opportunity for hearing, of a failure to comply with such requirements, ... or (2) by any other means authorized by law. Appellants contend that this provision imposed on appellees a clear duty to terminate funds to agencies that unlawfully discriminate. On its face, however, the statutory language ’ is not mandatory. Section 2000d-l allows the funding agency to effect compliance through funding termination or “any other means authorized by law.” Although fund termination was envisioned as the primary means of enforcement under Title VI, and although it has proven very effective as a deterrent to discrimination, Title VI clearly tolerates other enforcement schemes. Prominent among these other means of enforcement is referral of cases to the Attorney General, who may bring an action against the recipient. The choice of enforcement methods was intended to allow funding agencies flexibility in responding to instances of discrimination. Faced with this statutory discretion, we cannot say that appellees’ failure to terminate funding violated a clearly established statutory duty under Title VI. Id. at 574-76 (citations omitted) (emphasis added); see also United States v. Baylor Univ. Med. Ctr., 736 F.2d 1039, 1050 (5th Cir.1984) (stating that in enforcing Section 504 of the Rehabilitation Act, a federal agency does not have to resort solely to administrative remedies because the statute expressly states “any agency may resort to ‘any other means authorized by law1 — including the federal courts”), cert. denied, 469 U.S. 1189, 105 S.Ct. 958, 83 L.Ed.2d 964 (1985); Brown v. Califano, 627 F.2d 1221, 1225, 1227-29, 1232-33 n. 67 (D.C.Cir.1980) (noting several times that the language “by any means authorized by law” gave the Department of Health, Education and Welfare the authority to refer Title VI violations to the Department of Justice with a recommendation for appropriate legal action); United States v. Marion County Sch. Dist., 625 F.2d 607, 612-13 (5th Cir.1980) (stating that the phrase “by any other means authorized by law” and the legislative history addressing that phrase indicate Congress’ intent to authorize government suits to enforce contractual assurances to comply with Title VI), cert. denied, 451 U.S. 910, 101 S.Ct. 1980, 68 L.Ed.2d 298 (1981); United States v. City of Denver, 927 F.Supp. 1396, 1400 (D.Col.1996) (“Courts have interpreted the words ‘by any other means authorized by law’ to mean that a funding agency, after finding a violation and determining that voluntary compliance is not forthcoming, could refer the matter to the Department of Justice to enforce the statute’s nondiscrimination requirement in court.”). The consistency with which other courts have interpreted the phrase “any other means authorized by law,” or similar phrases, as authorizing agencies to file enforcement actions in federal court suggests that Congress must have intended such language in § 1234c(a)(4) to have the same meaning. Accordingly, the above-cited cases support the conclusion that § 1234c(a)(4) authorizes the United States and the Department to file suit in federal court to enforce FERPA. An inquiry into the purpose of FERPA also supports the Court’s conclusion that the Department and the United States have standing to bring this action. The purpose of FERPA is: (1) to create a right of access to student records for parents and students; and (2) to protect the privacy of those records by preventing unauthorized access by third parties. See 120 Cong.Rec. 39,858, 39,862-39,863 (December 13, 1974); 121 Cong.Rec. 7974 (May 13, 1975); see also Belanger v. Nashua New Hampshire School Dish, 856 F.Supp. 40, 47 (D.N.H.1994). Without the ability to file lawsuits in federal court, the Department is left without a meaningful remedy by which to accomplish FERPA’s purpose; the primary remaining enforcement mechanism would be withdrawal of funding to any educational institution that violates FERPA. Such a harsh remedy would serve as a significant financial blow to universities and other institutions, and potentially could cause a decrease in the level of education. In the long-run, the students attending these institutions and their parents — the parties whom FERPA was intended to protect — would be the ones most penalized by such action. Therefore, except in the most egregious cases, termination of federal funding would actually stymie the purposes of FERPA, rather than advance them. See Maynard v. Greater Hoyt Sch. Dist., 876 F.Supp. 1104, 1107 (D.S.D.1995) (stating that termination of funding as a sole remedy “would serve to exacerbate the community’s financial burden in providing the ‘free, appropriate, public education’ required by other federal statutes.”); cf. Guardians Assoc. v. Civil Serv. Comm’n of New York, 463 U.S. 582, 601, 103 S.Ct. 3221, 77 L.Ed.2d 866 (1983) (stating that under Ti-tie VI of the Civil Rights Act, which has similar enforcement language to FERPA, Congress regarded termination of funds as “ ‘a last resort, to be used only if all else fails,’ because ‘cutoffs of Federal funds would defeat important objectives of federal legislation, without commensurate gains in eliminating racial discrimination or segregation.’ ”) (quoting 110 Cong.Rec. 6544, 6546); Cannon v. University of Chicago, 441 U.S. 677, 705 n. 38, 99 S.Ct. 1946, 60 L.Ed.2d 560 (1979) (In a case involving the issue of whether Title IX of the Education Amendments of 1972 authorized a private right of action or whether termination of funding was the sole means of enforcement, the Court observed that “Congress itself has noted the severity of the fund-cutoff remedy and has described it as a last resort, all else — including ‘lawsuits’— failing”) (citing 110 Cong.Rec. S7067 (1965)). In sum, based on the plain language of § 1234c(a)(4) and the purposes for which FERPA was enacted, the Court finds that the Department and the United States are statutorily authorized to bring civil actions to enforce FERPA. 2. Inherent Right to File Suit Assuming arguendo that FERPA and the accompanying enforcement provisions in § 1234c do not expressly authorize the Department and the United States to file suits to enforce FERPA’s requirements, the Court still finds that they have the authority and standing to file this action. This finding is based on the United States’ inherent right, regardless of express statutory authority, to sue a recipient of federal funding to enforce the terms and conditions of a federal grant. See Henke v. United States Dept. of Commerce, 83 F.3d 1445, 1450 (D.C.Cir.1996); State of New York v. Federal Aviation Admin., 712 F.2d 806, 809 (2d Cir.1983); United States v. Marion County Sch. Dist., 625 F.2d 607, 609 (5th Cir.1980), cert. denied, 451 U.S. 910, 101 S.Ct. 1980, 68 L.Ed.2d 298 (1981); United States v. Baylor Univ. Med. Ctr., 564 F.Supp. 1495, 1498 (N.D.Tex.1983), aff'd in part, modified in part, vacated in part, 736 F.2d 1039 (5th Cir.1984), cert. denied, 469 U.S. 1189, 105 S.Ct. 958, 83 L.Ed.2d 964 (1985); United States v. Tatum Independent Sch. Dist., 306 F.Supp. 285, 288 (E.D.Tex.1969); United States v. Frazer, 297 F.Supp. 319, 322-23 (M.D.Ala.1968). Federal grants authorized by Congress create binding contracts between the United States and the recipient, and the United States has the authority to fix the terms and conditions upon which federal funds will be disbursed. See Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274, 286, 118 S.Ct. 1989, 1994, 141 L.Ed.2d 277 (1998); Davis v. Monroe County Bd. of Educ., 526 U.S. 629, 640, 119 S.Ct. 1661, 1670, 143 L.Ed.2d 839 (1999) (“When Congress acts pursuant to its spending power, it generates legislation ‘much in the nature of a contract: in return for federal funds, the States agree to comply with federally imposed conditions.’ ”) (citing Pennhurst State Sch. and Hosp. v. Halderman, 451 U.S. 1, 17, 101 S.Ct. 1531, 67 L.Ed.2d 694 (1981)); United States v. Northern Pacific Ry. Co., 256 U.S. 51, 63, 41 S.Ct. 439, 65 L.Ed. 825 (1921); McGee v. Mathis, 71 U.S. 143, 153, 4 Wall. 143, 18 L.Ed. 314 (1866); New York v. Federal Aviation Admin., 712 F.2d 806, 809 (2d Cir.1983); United States v. Marion County Sch. Dist., 625 F.2d 607, 609 (5th Cir.1980), cert. denied, 451 U.S. 910, 101 S.Ct. 1980, 68 L.Ed.2d 298 (1981); United States v. Frazer, 297 F.Supp. 319, 322 (M.D.Ala.1968). United States v. County Sch. Bd., 221 F.Supp. 93, 99-100 (E.D.Va.1963) (stating that it has been long held that federal grants create binding contracts between the United States and the recipient). Accordingly, acceptance of a federal grant to which conditions are attached “creates an obligation to perform the conditions on the part of the recipient.” Frazer, 297 F.Supp. at 322 (citing United States v. Northern Pacific Ry. Co., 256 U.S. 51, 41 S.Ct. 439, 65 L.Ed. 825 (1921)); see also Marion County, 625 F.2d at 609-10. Furthermore, when the United States places conditions on a grant of federal funds, it has an inherent right, separate from any statutory enforcement rights, “to sue for enforcement of the recipient’s obligation in court.” Marion County, 625 F.2d at 609; see also Guardians Assoc. v. Civil Serv. Comm’n of New York, 463 U.S. 582, 630-31, 103 S.Ct. 3221, 77 L.Ed.2d 866 (1983) (Marshall, J., dissenting) (“Indeed, in extending grants the United States has always retained an inherent right to sue for enforcement of the recipient’s obligation.”); Bell v. New Jersey & Pennsylvania, 461 U.S. 773, 794, 103 S.Ct. 2187, 76 L.Ed.2d 312 (1983) (White, J., concurring) (stating that contractual agreements between the United States and the States containing conditions of fund disbursement are, absent contrary congressional intent, “surely enforceable in a court of law”); Henke v. United States Dept. of Commerce, 83 F.3d 1445, 1450 (D.C.Cir.1996); State of New York v. Federal Aviation Admin., 712 F.2d at 809; United States v. Baylor Univ. Med. Ctr., 564 F.Supp. 1495, 1498 (N.D.Tex.1983), affd in part, modified in part, vacated in part, 736 F.2d 1039 (5th Cir.1984), cert. denied, 469 U.S. 1189, 105 S.Ct. 958, 83 L.Ed.2d 964 (1985); United States v. Tatum Indep. Sch. Dist., 306 F.Supp. 285, 288 (E.D.Tex.1969); United States v. Frazer, 297 F.Supp. at 322-23. When filing such an action, the United States may seek whatever remedy is necessary to enforce the conditions of the grant. See Marion County, 625 F.2d at 617; Guardians Assoc. v. Civil Serv. Comm’n, 463 U.S. at 630-31, 103 S.Ct. 3221 (Marshall, J., dissenting); Rex Trailer Co. v. United States, 350 U.S. 148, 151, 76 S.Ct. 219, 100 L.Ed. 149 (1956). In this case, both Ohio State and Miami entered into “Program Participation Agreements” with the Department of Education. (Doc. 29 and Ex. 1 and 2 attached thereto). These agreements provide for the disbursement of federal funds to OSU and Miami pursuant to various federal statutory programs. (Id.) Additionally, each agreement states that “participation is subject to the terms and conditions set forth in this agreement.” (Id.) One such condition, set forth in § 3.c. of the agreement, provides that “[t]he Institution agrees to comply with ... [t]he Family Rights and Privacy Act of 1974 and the implementing regulations, 34 CFR Part 99[.]” (Id.) One of the requirements of FERPA is that educational institutions not adopt a policy or practice of permitting the release of education records or personally identifiable information contained therein, except as permitted under the statute. See 20 U.S.C. § 1232g(b)(2). Accordingly, if the Department and the United States believe that OSU and Miami are violating the terms of their agreements or are about to violate such terms, they have the right, under federal common law, to bring a civil action in federal court to resolve the dispute. Furthermore, this authority stands apart from the statute and its administrative regulations. 3. FERPA Imposes Enforceable Obligations As an additional argument against standing, The Chronicle argues that FER-PA does not prohibit schools and institutions from releasing “education records,” but rather, it merely authorizes the Department of Education to withdraw funding from any school or institution that chooses to release such records. Therefore, it argues, the United States does not have the authority to seek declaratory and injunctive relief, such as it seeks in this case. The Chronicle cites several federal and state cases as support for its position. See, e.g., Tombrello v. U.S.X. Corp., 763 F.Supp. 541, 545 (N.D.Ala.1991); Girardi er v. Webster College, 563 F.2d 1267, 1267-77 (8th Cir.1977); Bauer v. Kincaid, 759 F.Supp. 575, 590 (W.D.Mo.1991); Student Press Law Ctr. v. Alexander, 778 F.Supp. 1227, 1232 n. 13 (D.D.C.1991) Smith v. Duquesne Univ., 612 F.Supp. 72, 80 (W.D.Pa.1985); Price v. Young, 580 F.Supp. 1, 2 (E.D.Ark.1983); Student Bar Assoc. v. Byrd, 293 N.C. 594, 239 S.E.2d 415 (1977); Princeton City Sch. Dist. Bd. of Educ. v. Ohio State Bd. of Educ., 96 Ohio App.3d 558, 566, 645 N.E.2d 773 (Ohio App.1994). The Court, however, disagrees. Two factors support the conclusion that FER-PA imposes a direct obligation on universities not to disclose “education records.” First, many of FERPA’s enforcement provisions would be unnecessary if the statute did not prohibit certain behavior. As discussed above, FERPA and § 1234c authorize the Secretary of Education, inter alia, to issue cease and desist orders and to take any other action authorized by law. See 20 U.S.C. §§ 1232g(f), 1234c; 34 C.F.R. § 99.67. The fact that Congress provided these types of remedies under FERPA illustrates its intention to place restrictions and obligations on schools and institutions covered by the statute. If FERPA did not prohibit the release of “education records” in certain circumstances, the statutory language authorizing the Secretary to issue cease and desist orders and to take any other action authorized by law would be superfluous, because there would not be any behavior from which schools would be required to cease and desist. Congress could not have intended the statute to be read in this manner. It is a well-settled principle of statutory construction that a court should avoid interpreting a statute so as to make portions of it superfluous. See e.g., United States v. Page, 131 F.3d 1173, 1180 (6th Cir.1997) (“It is well settled law that statutory constructions that render portions of a statute superfluous are to be avoided.”), cert. denied, 525 U.S. 828, 119 S.Ct. 77, 142 L.Ed.2d 61 (1998); Schering-Plough Healthcare Prods., Inc., v. NBD Bank, 98 F.3d 904, 909 (6th Cir.1996) (same). Second, several federal courts, in the context of § 1983 actions, have held that FERPA creates federal rights and imposes mandatory obligations and restrictions on educational institutions. See Achman v. Chisago Lakes Indep. Sch. Dist., 45 F.Supp.2d 664, 674 (D.Minn.1999) (holding that FERPA “creates a federal right that is enforceable through section 1983 actions”); Cullens v. Bemis, 979 F.2d 850, 1992 WL 337688, at *1 (6th Cir. Nov. 18, 1992) (noting that FERPA creates interests that may be vindicated in a § 1983 action); Tarka v. Cunningham, 917 F.2d 890, 891 (5th Cir.1990) (holding that “an action under 42 U.S.C. § 1983 may nevertheless be premised on an alleged violation of FERPA rights ”) (emphasis added); Fay v. South Colonie Central Sch. Dist., 802 F.2d 21, 33 (2d Cir.1986) (stating that FERPA creates a federal interest); Maynard v. Greater Hoyt Sch. Dist., 876 F.Supp. 1104, 1107 (D.S.D.1995) (“FERPA does establish mandatory and direct obligations regarding educational records on school districts that receive federal funds”); Belanger v. Nashua, New Hampshire, School Dist., 856 F.Supp. 40, 46 (D.N.H.1994) (“The language of FERPA reveals a congressional intent to impose obligations directly on educational agencies or institutions.”); Krebs v. Rutgers, 797 F.Supp. 1246, 1256 (D.N.J.1992) (stating that FERPA creates civil rights enforceable under § 1983); Francois v. University of District of Columbia, 788 F.Supp. 31, 32 (D.D.C.1992) (noting that FERPA “creates a federal right”). It would be anomalous on the one hand to accept the principle that FERPA creates affirmative obligations and rights that may be enforced through an action under § 1983, and on the other hand to hold today that FERPA does not create such obligations and rights within the context of an enforcement action by the government. Accordingly, the Court concludes that FERPA does restrict or prohibit certain conduct, thus creating enforceable rights and obligations. C. Conclusion Based on the above, The Chronicle ⅛ Motion to Dismiss for Lack of Standing is DENIED. IV. Summary Judgment Next, the Court must address Plaintiffs motion for summary judgment. Plaintiff argues that it is entitled to summary judgment on its claim that Defendants released education records in violation of FERPA, and requests the Court to issue a permanent injunction against future violations. The material facts surrounding this matter are not in dispute. Only legal issues remain to be resolved. Therefore, summary judgment is the appropriate mechanism for deciding this case. A. Summary Judgment Standard The procedure for granting summary judgment is found in Fed.R.Civ.P. 56(c), which provides: The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. The evidence must be viewed in the light most favorable to the nonmoving party. Adickes v. S. H. Kress & Co., 398 U.S. 144, 158-59, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970). Summary judgment will not lie if the dispute about a material fact is genuine; “that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Summary judgment is appropriate, however, if the opposing party fails to make a showing sufficient to establish the existence of an element essential to that party’s case and on which that party will bear the burden of proof at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); see also Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). The Sixth Circuit Court of Appeals has recognized that Liberty Lobby, Celotex and Matsushita have effected “a decided change in summary judgment practice,” ushering in a “new era” in summary judgments. Street v. J.C. Bradford & Co., 886 F.2d 1472, 1476 (6th Cir.1989). The court in Street identified a number of important principles applicable in summary judgment practice. For example, complex cases and cases involving state of mind issues are not necessarily inappropriate for summary judgment. Id. at 1479. In addition, in responding to a summary judgment motion, the nonmoving party “cannot rely on the hope that the trier of fact will disbelieve the movant’s denial of a disputed fact, but must ‘present affirmative evidence in order to defeat a properly supported motion for summary judgment.’ ” Id. (quoting Liberty Lobby, 477 U.S. at 257, 106 S.Ct. 2505). The nonmoving party must adduce more than a scintilla of evidence to overcome the summary judgment motion. Id. It is not sufficient for the nonmoving party to merely “ ‘show that there is some metaphysical doubt as to the material facts.’ ” Id. (quoting Matsushita, 475 U.S. at 586, 106 S.Ct. 1348). Moreover, “[t]he trial court no longer has a duty to search the entire record to establish-that it is bereft of a genuine issue of material fact.” Id. That is, the nonmov-ing party has an affirmative duty to direct the court’s attention to those specific portions of the record upon which it seeks to rely to create a genuine issue of material fact. B. Permanent Injunction Standard Plaintiff seeks to permanently enjoin Defendants from releasing student disciplinary records to third parties, such as The Chronicle, unless otherwise permitted under FERPA. The standard for granting a permanent injunction is essentially the same as the standard for a preliminary injunction. In determining whether to issue a preliminary injunction, a court must consider: (1) whether the moving party has a substantial probability of success on the merits; (2) whether irreparable injury will occur if the injunction is not issued; (3) whether the injunction will have a harmful effect on third parties; and (4) whether the public interest would be served by the injunction. CSX Transp., Inc. v. Tennessee State Bd. of Equalization, 964 F.2d 548, 550-51 (6th Cir.1992). “In addition, an injunction generally should not issue if there is an adequate remedy at law.” Id. at 551. The standard applicable to permanent injunctions differs in that the plaintiff must show actual success on the merits rather than a mere likelihood of success. See Amoco Prod. Co. v. Village of Gambell, AK, 480 U.S. 531, 546 n. 12, 107 S.Ct. 1396, 94 L.Ed.2d 542 (1987). 1. Success on the Merits The issue before the Court is straightforward: Are student disciplinary records “education records” as defined by FERPA, and thus, protected from public disclosure absent statutory exception? Therefore, this case involves the interpretation of a federal statute. As such, the Ohio Supreme Court’s decision in State ex. rel. The Miami Student v. Miami University, 79 Ohio St.3d 168, 680 N.E.2d 956 (1997), does not dictate the Court’s decision on this matter. It is axiomatic that a federal court’s interpretation of federal law takes precedent over that of a state court. See Kuhnle Bros., Inc. v. County of Geauga, 103 F.3d 516, 520 (6th Cir.1997). Likewise, The Chronicle’s argument that Ohio public policy favors openness and disclosure of disciplinary records has no bearing on the Court’s interpretation of FERPA. The United States Congress, when it enacted FERPA, presumably weighed the various policy interests involved. Therefore, while The Chronicle has provided the Court with several policy interests that weigh against keeping disciplinary records private, those arguments are directed to the wrong branch of government. The Court’s duty is to discern Congress’ intent regarding FERPA by applying sound principles of statutory interpretation. It would be a gross violation of the constitutional principle of separation of powers for the Court to act as a super-legislature and decide what it thinks the law should be based on contemporary public policy interests. a. Plain Language Accordingly, confining its role to interpreting FERPA’s meaning, the Court finds that university disciplinary records fall within the definition of “education records” as stated in 20 U.S.C. § 1232g. Therefore, absent an applicable exception, FERPA precludes the disclosure of student disciplinary records or personally identifiable information contained therein to third-parties without the consent of the student or his or her parents. FERPA states in pertinent part: No funds shall be made available under any applicable program to any educational ... institution which has a policy or practice of permitting the release of education records (or personally identifiable information contained therein ...) of students without the written consent of their parents to any individual, agency, or organization.... 20 U.S.C. 1232g(b)(l). The Act additionally provides that “[n]o funds shall be made available under any applicable program to any educational ... institution which has a policy or practice of releasing, or providing access to, any personally identifiable information in education records,” except as expressly permitted under the Act. 20 U.S.C. § 1232g(b)(2). Pursuant to these provisions, the Department of Education has promulgated regulations requiring that a parent or eligible student “shall provide a signed and dated written consent before an educational ... institution [may] disclose personally identifiable information from the student’s education records,” except as otherwise allowed under the Act. 34 C.F.R. § 99.30(a). The issue before the Court is the scope of the term “education records,” and whether it includes student disciplinary records. FERPA broadly defines “education records” as follows: [T]hose records, files, documents, and other materials which— (i) contain information directly related to a student; and (ii) are maintained by an educational agency or institution or by a person acting for such agency or institution. 20 U.S.C. § 1232g(a)(4). As the Court stated in its Order granting a preliminary injunction in this case: “It is abundantly clear that the disciplinary records that are the subject of the instant case satisfy both prongs of the statutory definition of education records.” (Doc. 6). First, the disciplinary records at issue in this case clearly “contain information directly related to a student.” The offenders being disciplined, and often the victims of the offense, are students of the respective universities, and the matters addressed in the disciplinary records pertain to actions committed or allegedly committed by or against those students. Second, these records are “maintained” by Defendants Ohio State University and Miami University. Accordingly, the plain language of the statute indicates that Defendants’ student disciplinary records are covered by the privacy protections of FERPA. See Belanger v. Nashua, New Hampshire, School Dist., 856 F.Supp. 40, 48 (D.N.H.1994) (“The plain meaning of [FERPA’s] statutory language reveals that Congress intended for the definition to be broad in its scope.”); DTH Publishing Corp. v. University of North Carolina, 128 N.C.App. 534, 496 S.E.2d 8, 13 (1998) (noting the breadth of FERPA’s definition of “education records”). b. Legislative History A court must adhere to the plain language of a statute, unless a contrary congressional intent is clearly established in the legislative history. See, e.g., Ardestani v. I.N.S., 502 U.S. 129, 135, 112 S.Ct. 515, 116 L.Ed.2d 496 (1991) (“The ‘strong presumption’ that the plain language of the statute expresses congressional intent is rebutted only in ‘rare and exceptional circumstances,’, when a contrary legislative intent is clearly expressed.”) (quoting Rubin v. United States, 449 U.S. 424, 430, 101 S.Ct. 698, 701, 66 L.Ed.2d 633 (1981)); Parker-Hannifin v. C.I.R., 139 F.3d 1090, 1095 (6th Cir.1998) (“We begin with the language of the statute itself, and interpret it according to its plain language absent evidence of a contrary legislative intent[.]”) (citations omitted); Bradley v. Austin, 841 F.2d 1288, 1293 (6th Cir.1988) (stating that if the court finds statutory text unambiguous, the text is conclusive unless there is a clearly expressed legislative intent to the contrary). The Court is unable to find any contrary congressional intent regarding the scope of the definition of “education records” in FERPA’s rather sparse legislative history. The purpose of the Act is “to assure parents of students ... access to then-education records and to protect such individuals’ rights to privacy by limiting the transferability of their records without their consent.” Joint Statement, 120 Cong.Rec. 39858, 39862 (Dec. 13, 1974) (emphasis added). Interpreting the term “education records” so as to not include student disciplinary records would permit public disclosure of such records and would lessen students privacy rights under FERPA. This would undermine one of the stated purposes of FERPA, as it would allow universities to release students’ disciplinary records without consent. Additionally, the legislative history contains no statements suggesting that Congress intended to exclude student disciplinary records from its definition of “education records,” or that “education records” should be limited to records containing academic information. Thus, there is nothing to contradict the plain meaning of FERPA’s text. Other principles of statutory construction also suggest that the term “education records” should be interpreted to include student disciplinary records. “Under the principle of statutory construction expres-sio unius est exclusio alterius, the enumeration of specific exclusions from the operation of a statute is an indication that the statute should apply to all cases not specifically excluded.” See United States v. Rocha, 916 F.2d 219, 243 (5th Cir.1990) (citations omitted), cert. denied, 500 U.S. 934, 111 S.Ct. 2057, 114 L.Ed.2d 462 (1991); see also Sunshine Development, Inc. v. FDIC, 33 F.3d 106, 116 (1st Cir.1994). Applying the principle of expresio unius to the instant case supports the conclusion that student disciplinary records are included within the definition of “education records.” FERPA contains several provisions that exempt certain records from the definition of “education records.” Section 1232g(4)(B) states, in general, that the term “education records” does not include (i) records of teachers or school administrators that are in the sole possession of the maker and are not accessible to anyone else except a substitute; (ii) certain law enforcement records; (in) employment records maintained in the normal course of business; and (iv) records of medical or psychological treatment regarding students eighteen years of age or older. See 20 U.S.C. § 1232g(4)(B)(i)-(iv). The fact that Congress included several detailed exceptions to its definition of “education records” indicates that it knew precisely what types of records it wanted included within the definition, and conversely, what types it wanted to exclude. Therefore, by failing to expressly except student disciplinary records from the definition of “education records,” Congress must have intended such records to be included within the otherwise broad definition. Congress’ subsequent legislative actions regarding FERPA also suggest that it intended student disciplinary records to be covered by the statute. Congress has amended FERPA on several occasions to permit the release of disciplinary records in certain circumstances. For example, § 1232g(b)(6)(A) permits schools to disclose the results of any disciplinary proceeding to the victim of the crime that was the subject of the proceeding if it was a crime of violence or a nonforcible sex offense. Additionally, in October 1998, Congress expanded on this exception to allow educational institutions to release to the public at large the final results of any disciplinary proceeding conducted against a student who has committed a crime of violence or a nonforcible sex offense, if the institution finds that the criminal act constituted a violation of the institution’s rules or policies. See § 1232g(b)(6)(B). Congress has also enacted a provision requiring the disclosure of disciplinary records to both students accused of sexual assault and the alleged victims of the sexual assault. • See 20 U.S.C. § 1092(f)(8)(B)(iii). The fact that Congress has enacted various narrow provisions permitting the disclosure of student disciplinary records in limited circumstances shows that Congress obviously is concerned with protecting the privacy of disciplinary records. More importantly, it indicates that Congress must have intended FERPA to prohibit the release of student disciplinary records; otherwise it would be unnecessary for Congress to enact statutory exceptions permitting their limited disclosure. Stated otherwise, to hold that Defendants’ disciplinary records are not covered by FERPA would render the above-mentioned exceptions redundant and' superfluous, a result the Court should attempt to avoid. See, e.g., Hohn v. United States, 524 U.S. 236, 249, 118 S.Ct. 1969, 141 L.Ed.2d 242 (1998) (stating that the Court is reluctant to adopt a construction making another statutory provision superfluous). c. Agency Interpretation of “Education Records” The Department of Education’s interpretation of FERPA, which is entitled to deference, also supports the conclusion that student disciplinary records are “education records” within the meaning of FERPA. The United States Supreme Court, in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984), set forth the analytical framework regarding statutory interpretation where federal agencies are involved. The Court stated that if the intent of Congress is clear from the plain language of the statute, the court, as well as the agency involved, must give effect to such unambiguously expressed intent. See id. at 842-43, 104 S.Ct. 2778. If, however, the court determines that a provision in the statute is ambiguous and the intent of Congress is unclear, the court must defer to an agency’s reasonable interpretation of the provision. See id. at 843-45, 104 S.Ct. 2778; see also Griggs v. Duke Power Co., 401 U.S. 424, 433-34, 91 S.Ct. 849, 28 L.Ed.2d 158 (1971) (“The administrative interpretation of the Act by the enforcing agency is entitled to great deference.”); Arrow Elec. Co. v. NLRB, 155 F.3d 762, 765 n. 1 (6th Cir.1998); Bartling v. Fruehauf Corp., 29 F.3d 1062, 1072 (6th Cir.1994); Hamama v. INS, 78 F.3d 233, 239 (6th Cir.1996) (stating that the court is to “defer to an agency’s reasonable interpretation of a statute it administers unless ‘the intent of Congress is clear.’ ”) (citing Chevron, 467 U.S. at 843-44, 104 S.Ct. 2778). The Department of Education, which is the agency responsible for administering and enforcing FERPA, stated during regulatory proceedings that it interprets “education records,” as defined in FERPA, to include student disciplinary records: The Secretary remains legally constrained to conclude that records of an institution’s disciplinary action or proceeding are “education records” under FERPA, not law enforcement unit records, and that excluding these records from the definition of “education records” can be accomplished only through a statutory amendment of FERPA by Congress. The Secretary has carefully analyzed the statutory and regulatory authority to address these concerns. Based on the broad definition of “education records,” which includes those records, files, documents, and other materials that contain information directly related to a student, except those that are specifically excluded by statute, all disciplinary records, including those related to non-academic or criminal misconduct by students, are “education records” subject to FER-PA. ... Although the Secretary is equally concerned with the problem of crime on campus, it is clear that only Congress has the authority to change the statutory provisions of FERPA to permit disclosure of disciplinary records without prior consent. Rules and Regulations, Department of Education, 60 F.R. 3464, 3465 (Jan. 17, 1995). Assuming arguendo that the Court found FERPA’s plain language and its legislative history ambiguous, it would defer to the Department’s interpretation because it is a reasonable one. Thus, the result remains unchanged — student disciplinary records are protected from disclosure under FER-PA, unless otherwise permitted by a statutory exception. d. Statutory Exceptions to FERPA Having concluded that FERPA’s definition of “education records” includes Defendants’ student disciplinary records, the Court must determine whether any of FERPA’s exceptions apply. The Chronicle argues that Defendants’ student disciplinary records are not protected by FERPA because they are actually law enforcement records, which Congress has expressly excluded from FERPA’s coverage. FERPA states that “[t]he term ‘education records’ does not include ... records maintained by a law enforcement unit of the educational agency or institution that were created by that law enforcement unit for the purpose of law enforcement^]” 20 U.S.C. § 1232g(a)(4)(B)(ii). A “[l]aw enforcement unit means any ... component of an educational agency or institution ... that is officially authorized or designated by that agency or institution to (i)[e]nforce any local, State, or Federal law ... or (ii)[m]aintain the physical security and safety of the agency or institution.” 34 C.F.R. § 99.8(a)(l)(i)-(ii). “A component of an educational agency or institution does not lose its status as a law enforcement unit if it also performs other, non-law enforcement functions ... including investigation of incidents or conduct that constitutes or leads to a disciplinary action or proceedings against the student.” 34 C.F.R. § 99.8(a)(2). The Court believes that FERPA’s “law enforcement records” exception is capable of more than one interpretation. One could construe the language to include disciplinary records of the type at issue' in this case. Due to the fact that the scope of FERPA’s “law enforcement records” exception is ambiguous, the Court defers to the Department’s detailed definitions regarding this exception, which the Court finds are reasonable interpretations of the statute. See Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 842-44, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984). The Department clearly has distinguished “law enforcement records” from “disciplinary records.” In its regulations, the Department states that: “Records of a law enforcement unit does not mean ... [r]ecords created and maintained by a law enforcement unit exclusively for a non-law enforcement purpose, such as a disciplinary action or proceeding conducted by the educational agency or institution.” 34 C.F.R. § 99.8(b)(2)(h). Furthermore, the Department defines “disciplinary action or proceeding” as “the investigation, adjudication, or imposition of sanctions by an educational agency or institution with respect to an infraction or violation of the internal rules of conduct applicable to students of the agency or institution.” 34 C.F.R. § 99.3. Based on the Department’s regulations and other statements, the records at issue in this case clearly are “[rjecords created and maintained ... exclusively for a non-law enforcement purpose, such as a disciplinary action or proceeding conducted by the education agency or institution.” 34 C.F.R. § 99.8(b)(2)(ii). Accordingly 'Defendants’ disciplinary records are not “records of a law enforcement unit,’’ and thus, they do not fall within 'FERPA’s exception for law enforcement records. e. First Amendment Right of Access Alternatively, The Chronicle argues that to the extent that FERPA is interpreted to prohibit public disclosure of student disciplinary records, it violates the First Amendment of the United States Constitution. Specifically, The Chronicle asserts that the public has a First Amendment right of access to government records and other information within its control, and FERPA limits this right. Further, it maintains that the government can overcome this right only by showing that FERPA serves an important government interest that outweighs the public’s First Amendment right. It is unnecessary, however, for the Court to inquire into the government’s interests in prohibiting the release of university disciplinary records, because the First Amendment does not confer a public right of access to university disciplinary records, such as those at issue in this case. The First Amendment prohibits Congress from making any law “abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” U.S. Const, amend. I. It is well settled that the right to receive information “is an inherent corollary of the rights of free speech and press that are explicitly guaranteed by the Constitution.... ” Board of Educ. v. Pico, 457 U.S. 853, 866-67, 102 S.Ct. 2799, 73 L.Ed.2d 435 (1982). However, this principle assumes the presence of a willing speaker and a willing listener; the right to receive information cannot be stretched to the point of creating a First Amendment right allowing the public to compel disclosure of all government-held information. In other words, there is no affirmative constitutional duty requiring the government to disclose non-public information within its possession. In Houchins v. KQED, Inc., 438 U.S. 1, 98 S.Ct. 2588, 57 L.Ed.2d 553 (1978) (Burger, C.J., plurality opinion), the Court had to determine whether respondent broadcasting company, as a member of the public, had a First and Fourteenth Amendment right of access to a county jail. See id. at 3-6, 98 S.Ct. 2588. While Justice Burger’s plurality opinion acknowledged that “conditions in jails and prisons are clearly matters ‘of great public importance[,]’ ” id. at 8, 98 S.Ct. 2588 (quoting Pell v. Procunier, 417 U.S. 817, 830 n. 7, 94 S.Ct. 2800, 41 L.Ed.2d 495 (1974)), it held that “[n]either the First Amendment nor the Fourteenth Amendment mandates a right of access to government information or sources of information within the government’s control.” See id. at 15, 98 S.Ct. 2588. Moreover, the Court noted that “[t]his Court has never intimated a First Amendment guarantee of a right of access to all sources of information within government control.” Id. at 9, 98 S.Ct. 2588. The Court also stated that “[t]here is an undoubted right to gather news ‘from any source by means within the law,’ but that affords no basis for the claim that the First Amendment compels others — private persons or governments — to supply information.” Id. at 11, 98 S.Ct. 2588 (citations omitted). Justice Stewart, in his concurring opinion, agreed that “[t]he First and Fourteenth Amendments do not guarantee the public a right of access to information generated or controlled by the government,” but rather “[t]he Constitution does no more than assure the public and the press equal access once government has opened its doors.” Id. at 16, 98 S.Ct. 2588 (Stewart, J., concurring). Several lower federal courts have also held in a variety of contexts that the First Amendment does not compel the government to provide public access to information within its control. See United States v. Gonzales, 150 F.3d 1246, 1254 (10th Cir.1998) (holding that no First Amendment right of access applies to judicial administrative documents), cert. denied, 525 U.S. 1129, 119 S.Ct. 918, 142 L.Ed.2d 915 (1999); Lanphere & Urbaniak v. Colorado, 21 F.3d 1508, 1511 (10th Cir.1994) (holding that law prohibiting access to criminal justice records from those intending to use the records for commercial purposes did not violate First Amendment on access grounds, because “there is no constitutional right, and specifically no First Amendment right of access to government records”), cert. denied, 513 U.S. 1044, 115 S.Ct. 638, 130 L.Ed.2d 544 (1994); El Dia, Inc. v. Hernandez Colon, 963 F.2d 488, 494-95 (1st Cir.1992) (stating that the Supreme Co