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Freedom
of Information Act statute and Supreme Court cases from The First Amendment
Library
The Citizen Access Project at the
University of Florida offers state-by-state comparisons on access to government
information.
A Reporters Committee for Freedom of the Press resource called Tapping Officials' Secrets
provides all of the state laws on various categories of government records,
along with court decisions interpreting those laws.
Sunshine Week roundup of reports, articles, opinion pieces, etc. marking FOIA's 40th anniversary.
Freedom of Information overview
Supreme Court National
Archives and Records Administration v. Favish
Department of the Treasury v. City of Chicago, 287 F.3d 628 (7th Cir.
2002), cert. granted, then canceled 123 S. Ct. 536 (2002)
Department
of the Interior v. Klamath Water Users Protective Association, 532 U.S.
1 (2001)
Bibles v.
Oregon Natural Desert Association, 519 U.S. 355 (1997) (per curiam)
Department
of Defense v. Federal Labor Relations Authority, 510 U.S. 487 (1994)
United
States Department of Justice v. Landano, 508 U.S. 165 (1993)
Department
of State v. Ray, 502 U.S. 164 (1991)
Department
of Justice v. Reporters Committee for Freedom of the Press, 489 U.S. 749
(1989)
John Doe
Agency v. John Doe Corp., 488 U.S. 1306 (1989)
CIA v.
Sims, 471 U.S. 159 (1985)
United
States v. Weber Aircraft Corporation, 465 U.S. 792 (1984)
FTC v.
Grolier, Inc., 462 U.S. 19 (1983)
FBI v.
Abramson, 456 U.S. 615 (1982)
United
States Department of State v. Washington Post Co., 456 U.S. 595
(1982)
Federal
Open Market Committee v. Merrill, 443 U.S. 340 (1979)
NLRB v.
Robbins Tire & Rubber Co., 437 U.S. 214 (1978)
Department
of the Air Force v. Rose, 425 U.S. 352 (1976)
NLRB v.
Sears, Roebuck & Co., 421 U.S. 132 (1975)
EPA v.
Mink, 410 U.S. 73 (1973)
Other Detroit Free Press v. Ashcroft, 303 F.3d 681 (6th Cir. 2002)
Center for Auto Safety v. NHTSA, 244 F.3d 144 (D.C. Cir. 2001)
Critical Mass Energy Project v. NRC, 975 F.2d 871 (D.C. Cir. 1992)
(en banc), cert. denied, 507 U.S. 984 (1993)
1966 Freedom of
Information Act (FOIA) or here Public
Citizen brief in Center for Auto Safety v. NHTSA
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Post-9/11 info access
Supreme Court
M.K.B. v. Warden, 124 S.Ct. 1405 (2004)
Press Enterprise Co. v. Superior Court of California, 478 U.S. 1 (1986)
Press Enterprise Co. v. Superior Court, 464 U.S. 501 (1984)
Globe Newspaper Co. v. Superior Court, 457 U.S. 596 (1982)
Richmond Newspapers v. Virginia, 448 U.S. 555 (1980)
Houchins v. KQED, 438 U.S. 1 (1978)
Pell v. Procunier, 417 U.S. 817 (1974)
Branzburg v. Hayes, 408 U.S. 665 (1972)
Zemel v. Rusk, 381 U.S. 1 (1965)
Other
Center for National Security Studies v. United States, DOJ, 331 F.3d 918 (D.C. Cir. 2003)
Center for National Security Studies v. United States, DOJ, 215 F.Supp.2d 94 (D.C. District Court 2002)
Detroit Free Press v. Ashcroft, 303 F.3d 681 (6th Cir. 2002)
North Jersey Media Group v. Ashcroft, 308 F.3d 198 (3rd Cir. 2002)
Department of Justice FOIA memorandum
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Horizon
"Homeland security FOIA exemption leaves us in dark," by Paul K. McMasters
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Open records
Department of Justice v. Reporters Committee for Freedom of the Press, 489 U.S. 749 (1989)
Freedom of Information Act, 5 U.S.C. Section 552
“Tapping Officials’ Secrets”
Freedom of Information Center state-by-state open-records surveys (University of Missouri)
Reporters Committee for Freedom of the Press
Marion Brechner Citizens Access Project
American Civil Liberties Union
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Open meetings
Philadelphia Newspapers, Inc. v. Nuclear Regulatory Commission, 727 F.2d 1195 (D.C. Cir. 1984)
Beck v. Shelton, 593 S.E.2d 195 (Va. 2004)
Del Papa v. Bd. of Regents of the Univ. & Cmty. Coll. Sys., 956 P.2d 770 (Nev. 1998)
Wood v. Battle Ground School District, 27 P.3d 1208 (Wash.App. 2001)
Government in Sunshine Act, 5 U.S.C. Section 552b
“Tapping Officials’ Secrets”
Assaf, R. James, “Mr. Smith Comes Home: The Constitutional Presumption of Openness in Local Legislative Meetings,” 40 Case W. Res. L. Rev. 227 (1989-90)
Asplund, Heather and Chidester, Margaret A. “E-Mail, ‘Sunshine,’ and Public Records,” American School Board (July 2000).
Watkins, John J., “Open Meetings Under the Arkansas Freedom of Information Act,” 38 Ark. L. Rev. 268 (1984)
Wood, Craig. “The Legalities of Board Business Online,” School Administrator (August 2003).
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National FOI Day & other general information
Freedom
of Information Act statute and Supreme Court cases from The First
Amendment Library
FOIA
Hall of Fame
State-by-state
directory of open-records surveys
Associated Press FOI Web
site
2005 National FOI Day resources March 16, 2005: "Congress and
the Courts: Confronting Secrecy"
2004 National FOI Day resources March 16, 2004: "Secrecy as
Public Policy: Is More Better?"
2003 National FOI Day resources March 14, 2003: "FOI: Survival
Strategies for an Embattled Right"
- Agenda
- Remarks
- 2003 FOI updates
- Other reports
- “Press not
spotlighting government secrecy ‘cloak,’ ” by Harry F. Rosenthal
- “First
Report” on privacy and access by Fred Cate of Indiana University,
commissioned by the First Amendment Center
- National
Security Archive report on the first federal government-wide audit of FOIA
compliance showing a mixed impact of the attorney general’s October 2001 memo,
which urged federal agencies to be cautious in releasing records
- “Homefront
Confidential,” a compendium of restrictions on the press and access since
Sept. 11, 2001, by the Reporters Committee for Freedom of the Press
- “Agenda
For Secrecy,” a Common Cause report examining major businesses' involvement
in getting a provision into the Homeland Security Act that seriously erodes the
public’s right to know
- Marion Brechner Citizen Access
Project report on
anti-terrorism legislation passed in more than 20 states
- “Journalists
Hear Grim News on Accessing Government Information,” by Robert B. Bluey,
CNSNews.com
- “Fretting
About the State of FOIA,” by Joanna Glasner, Wired News
2002 National FOI Day resources March 15, 2002: "Access &
Security in a Time of Crisis"
- Agenda
- Remarks
- 2002 FOI updates
- Other reports
2001 National FOI Day resources March 16, 2001: "Access, Privacy
and Security: A Troubled Tangle"
2000 National FOI Day resources March 16, 2000: "Access and
Technology: Recovering the Promise"
- Agenda
- 2000 FOI updates
- Conference coverage
1999 National FOI Day resources March 16, 1999: "Access to
Information: Strategies and Solutions"
- Agenda
- Remarks
- Conference coverage
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Supreme Court
The Reporters Committee for Freedom of the Press has compiled a list of “Major Supreme Court FOI Act Cases.”
Resources
Freedom
of Information Topics and Federal and State FOI Statutes in The First Amendment Library
Freedom of Information Act — federal statute
Privacy Act of 1974 — federal statute
“A Citizen’s Guide on Using the Freedom of Information Act and the Privacy Act of 1974 to Request Government Records” is a very detailed and user-friendly guide prepared by the Committee on Government Reform and published by the Government Printing Office (Report 108-172).
The “Justice Department Guide to the Freedom of Information Act” (May 2004 report) is an extensive discussion of the act's procedural aspects and exemptions that includes case law interpretations. It is updated by the Department of Justice's Office of Information and Privacy every two years.
“How to Use the Federal FOI Act” is an excellent guide prepared by the Reporters Committee for Freedom of the Press and geared specifically toward journalists.
The DOJ keeps updated links to all other federal agencies’ FOIA Web sites
DOJ also keeps an updated list of principal FOIA contacts at all federal agencies
The DOJ’s Office of Information and Privacy has a FOIA counseling service that answers general questions and helps with determining which agency to approach. Its number is 202/514-3642.
The Federal Citizen Information Center of the U.S. General Services Administration also answers questions about FOIA, advertising that it is “especially prepared to help you find the right agency, the right office and the right address.” Phone 800/333-4636 or e-mail them your questions from this site.
The Consumer Product Safety Commission has jurisdiction over most products and provides a helpful guide to the products (and some services) that other agencies oversee.
The State Department’s FY 2003 FOIA Report sums up its efforts to make information available on its FOIA Web site.
The Department of Justice provides a “Summary of Annual FOIA Reports for Fiscal Year 2003”
The Reporters Committee for Freedom of the Press has a user-friendly letter generator on its Web site. It prompts you for all relevant information about your request and drafts the letter for you, then allows you to edit it before saving or printing. You must e-mail or mail it yourself.
Nongovernment FOIA groups
Several nonprofit watchdog groups monitor FOIA, including public-interest groups, First Amendment advocates, journalists and libraries. Their Web sites provide updates on FOIA issues in the news as well as their own studies of government secrecy.
OpenTheGovernment.org is a nonprofit coalition of more than 30 organizations working on freedom of information issues. In August 2004 it released its independent study on government classification and secrecy. The group has also compiled a “List of the Ten Most Wanted Documents for 2004.”
George Washington University’s National Security Archive is a good place to start when looking for declassified documents about national security.
OMB Watch posts news, background and analysis on a wide range of information and access issues.
The Citizen Access Project's Web site includes the texts of all freedom-of-information laws enacted in each of the 50 states. It also provides contacts for local organizations involved with open-government issues.
The Reporters Committee for Freedom of the Press’s “Tapping Officials’ Secrets” is probably the most complete guide to open-government law in the 50 states and District of Columbia.
In addition to its open-government guide, the Reporters Committee has done an in-depth study of electronic access in each state, “a survey of constitutional provisions, statutes, court decisions, attorney general opinions and gubernatorial executive orders concerning access to electronic records.”
The First Amendment Center sponsors the annual National FOI Day conference, a daylong program of speaking and discussion by specialists in various aspects of freedom of information, updating developments in FOI over the preceding year. (See report on the 2004 conference, including yearly updates on the courts, the states and federal legislation.)
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Last system update:
Saturday, February 17, 2007 | 03:26:04
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