As public records go, I personally favor as much transparency from the Government as possible. This is a recognition, of course, that there are some things related to national security, for example, which I don't need to know until the event is over and the documents declassified. Whatever. Point is, I would favor the release of documents in most "close" cases.
Obviously this may seem biased because I am an Ohio State fan and alumni. Nonetheless, I see no reason ESPN should obtain the documents they have not yet obtained. I understand ESPN considers itself a news agency and that they can argue "the public has a right to know!" but - the fact is, no the public doesn't have a RIGHT to know. It may have an interest in knowing.... it might even WANT to know.. But, internal e-mails between Tressel and Smith regarding how the university would handle the situation and so forth is not the public's interest. I mean, we're talking about college athletics for fucks sake... not a friggin government cover-up... or even a university cover up over something of significant importance (I'm looking at you Ped State)..
Second - who is ESPN to take standing for what the public has a "right" to know? ESPN is not a news agency alone. There probably is not any such thing as a news agency, but that's a larger issue not relevant here. Point is - ESPN is in business to make money, not report events. (And that's true of ABC, CBS, NBC, FOX, CNN you name it). Consequently, the organizations "opinion" is profit driven and therefore biased. Simply said - ESPN wants this information to make money, not for any legitimate or important public purpose.
If ESPN is serious about the "public interest" and being a "news agency" then go bang on the door at Ped State. (My personal opinion on that? I'd hope ESPN keeps their goons away from really important issues like pedophilia)
In any case - I hope the high court uses a balancing test which encourages privacy in the Ohio State case considering the motivation of the entity seeking the disclosure. Such a ruling would NOT threaten more legitimate public disclosures. If ESPN was asking Richard Nixon for the tapes, that's one thing... asking Ohio State for shit having to do with violating some obscure body's rules (The NCAA)? Come the fuck on.
Who the fuck cares?