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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 Open Government Guide provides all of the state laws on various categories of government records, along with court decisions interpreting those laws.

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

   
 

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

   
 

Horizon

"Homeland security FOIA exemption leaves us in dark," by Paul K. McMasters

   
 

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
“Open Government Guide”
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

   
 

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)
Board of Public Instruction of Broward County v. Doan, 224 So. 2d 693,699 (Fla. 1969)
Chaffee v. San Francisco Library Commission, 115 Cal. Rptr. 3d 336 (Cal. App. 2004)

Government in Sunshine Act, 5 U.S.C. Section 552b

“Open Government Guide”

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).

   
 

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

2007 National FOI Day resources
March 16, 2007: “Access: Oversight & Priorities”

2006 National FOI Day resources
March 16, 2006: “FOIA at Forty: The Past’s Lessons for the Future”

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"

2002 National FOI Day resources
March 15, 2002: "Access & Security in a Time of Crisis"

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"

1999 National FOI Day resources
March 16, 1999: "Access to Information: Strategies and Solutions"

   
 

How to file an FOIA request

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.

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 Department of Justice provides a “Annual FOIA Reports for Fiscal Year 2007” for all federal branches and agencies.

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 “Open Government Guide” 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.”

  • WikiFoia is a Wiki launched in March 2007 that seeks "to build a comprehensive and collaborative How To Guide to provide very practical information about open records requests at the state and local level."

  • 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.
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    Last system update: Friday, August 22, 2008 | 00:55:16
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