Access / FOIA
To Seal or Not to Seal—That is the Question
Mackenzie ArnoldThe Fifth Circuit vacated and remanded an order from a district court that unsealed a now-settled case allegedly involving revenge porn because the district court applied the incorrect standard for sealing judicial documents.
Ohio Supreme Court Brings Curtain Down On Covid Data
John C. Greiner & Darren W. FordIn a decision that could have far-reaching implications for Ohioans' right to know, the Court held that the Ohio Department of Health must withhold official cause of death information contained in ODH's Electronic Death Registration System from the public.
No Cameras in the Courtroom for Trump Trial Is A Travesty
George FreemanWhy we should be hitting these walls despite a history of thousands of trials being televised without a problem really is inexplicable.
Texas Federal District Court Grants Access to Previously Sealed Judicial Records in True the Vote Litigation
Zachary BelewIn granting the motion to unseal, the court held that the “public access presumption” outweighed any confidentiality interest True the Vote asserted because True the Vote did not “articulate any specific harm created by the disclosure.”
Connecticut Supreme Court Reaffirms Public Right to Access Cold Case Records
Stephanie RiceThe Supreme Court of Connecticut issued a ruling of first impression defining the scope of an exception to the state FOIA law allowing police to withhold investigative information “to be used in a prospective law enforcement action” if disclosure would be “prejudicial to such action.”
D.C. Circuit Reinforces FOIA’s Foreseeable Harm Requirement
Stephen Stich MatchThe statute now generally requires agencies to show both that an exemption applies and that disclosure would cause recognized harm. But despite being on the books for eight years, the D.C. Circuit’s ruling is only one of a handful to grapple with the requirement.
Investigative Reporter Wins Access to California Official’s Calendar Entries
Steve ZansbergOn March 5, Judge Chang issued a Final Ruling, in a case under California’s Public Records Act, granting a Writ of Mandate that commands Governor Gavin Newsom to release the calendar entries of all meetings between his Cabinet Secretary and any representative of Pacific Gas & Electric in May 2023.
FOIA Case for Records Could Mean Mexican Journalist Finally Wins Asylum in U.S.
Adam A. Marshall and Chuck TobinA federal FOIA case could be the key to a successful resolution of a Mexican journalist’s and his son’s decades-long fight for permanent U.S. asylum after fleeing their home country.
Virginia Media Win Access to Report on School Shooting
David B. Lacy and Harley J. McClellanThe Circuit Court held that the Virginia Freedom of Information Act required disclosure of a school board’s investigation report into a graduation shooting even though a law firm conducted the investigation and prepared the report.
Ohio Supreme Court Finds Amusement Park’s Private Police Force Is Subject to Public Records Law
Ryan W. GoellnerThe television stations’ requests first required analysis of a novel issue under Ohio law: whether a private police department created pursuant to a city ordinance and by agreement between the amusement park and the city was subject to Ohio’s Public Records Act.