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National Archives and Records Administration v. Favish (2004)  [Findlaw]

Secondary Link National Archives and Records Administration v. Favish  [Legal Information Institute]
Argument Date 12/03/2003
Decided 3/30/04
Supreme Court Vote 9-0
IssueWhether the Office of Independent Counsel properly withheld, under FOIA's Exemption 7(C), photographs relating to the death of former Deputy White House Counsel Vincent Foster.
Majority Opinion Kennedy, J.
Certiorari Granted 05/05/2003
Lower Court 9th Circuit
Lower Court Ruling The 9th Circuit ruled that only four of ten photos taken of presidential lawyer Vincent Foster’s corpse by the U.S. Park Police must be released under FOIA.
Oral Arguments transcript
For Petitioner
Theodore Olson, Solicitor General, for Office of Independent Counsel

For Respondent
Allan J. Favish

For Petitioner
Merits Brief


Reply Merits Brief

Reply Petition

For Respondent
Merits Reply Brief (Favish)

Respondent Favish: Opposition re Cert. Petition

News Stories & Commentary
AP, "High court won't order release of Foster photos" (3-30-04)

Douglas Lee, Overview

High court to balance privacy, public access in Foster suicide case

Ken Paulson, "Supreme Court places a premium on privacy"

Tony Mauro Analysis
"Justices broaden FOIA privacy exemption"

Competing values of privacy, public disclosure to get high court test

Opinion - Lower Court
Favish v. Office of Independent Counsel (9th Cir., 2000)

Favish v. OIC (9th Cir., July 12, 2000)

Favish v. OIC (9th Cir., June 6, 2002)

Favish v. OIC (Dist. Ct, Jan. 11, 2001)

Favish website re "Vincent Foster Death"

Free Expression Policy Project Overview

Medhill School of Journalism Over & Links

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