Again and again, he said, universities and colleges are citing FERPA, the Family Educational Rights and Privacy Act, in denying access to information most journalists believe should be public record.

"So this case has been really a lighting rod of this confrontation because it really does highlight what both sides say is a very legitimate argument," Banville said.

Funding

In their brief, defendants argue they cannot release student records without jeopardizing their federal money, and they say the law prohibits the systematic disclosure of educational records without consent. The U.S. Department of Education has the authority to cut off federal funds — to the tune of $263 million a year — if it determines the Montana University System is violating FERPA.

"The MUS should not be put in the position of predicting what decisions might be made by the federal government," the state of Montana argues in its brief.

However, the plaintiff argues FERPA does not prohibit the release of records, and that in fact, it "specifically permits disclosure upon a valid state order." In 2014, Helena District Judge Kathy Seeley ordered the commissioner of higher education to allow Krakauer to inspect the documents he had requested.