Government Records
Significant FOIA Win to Gain Access to MLAT Records on Mexico’s Former Secretary of Defense
Victoria Baranetsky, Dara Gray, and Anise McKinneyBeyond denying the use of a categorical exemption, this case is a unique win because it marks the first time a court has ordered a search of documents when a Mutual Legal Assistance Treaty is at issue.
Courthouse News Service Continues Its Winning Streak
Jack Greiner and Darren W. FordCourthouse News secured another victory in its efforts to preserve prompt access to electronically filed complaints, obtaining a preliminary injunction against the Franklin County, Ohio Clerk of Courts barring her office from restricting public access to newly filed non-confidential complaints, and directing her to make such complaints available to the public and press.
DC Court of Appeals Dismisses Police Union’s Fundamental Right to Privacy Claim Over Body Cam Footage
Sara Benson and Cindy GierhartThe Court found that the growing consensus regarding a First Amendment right to record police activity in public was incompatible with the alleged fundamental information privacy right asserted by FOP.
Mass Shooting at Club Q in Colorado Springs Prompts Two Successful Unsealing Battles
Steve ZansbergJudge Chittum ruled that in light of recent events the statute clearly required that prior criminal case file be unsealed.
Foreign Emoluments Clause Meets FOIA
Charles D. Tobin and Maxwell S. MishkinA D.C. federal judge has issued a groundbreaking Freedom of Information Act ruling in favor of the Washington Post, agreeing that the public has a "strong interest” in learning the names of retired U.S. military personnel who go to work for foreign governments and how much they get paid.
Florida Federal Court Releases Redacted Warrant Affidavit in Unprecedented Search of Former President Trump’s Florida Residence
Charles D. Tobin and Elizabeth Seidlin-BernsteinThe news organizations argued that, even in the middle of an investigation and before any indictment, a search warrant affidavit is a judicial record to which the presumption of public access attaches.
Second Circuit Sua Sponte Shrinks Definition of “Agency Records”
Stephen StichThe ruling bowls over text and precedent and is a potential disaster for government transparency.
California Recognizes “Constructive Denial” Doctrine Under Public Records Act
Steven ZansbergThe court’s holding that the reporter was entitled to bring his lawsuit challenging the non-response has far-reaching consequences and has been hailed as a major victory for transparency in California.
Florida Court Rejects Bid to Conceal Records of Deceased Toddler
Daniela AbrattAfter the troubling death of 22-month-old Rashid Bryant, a coalition of media companies and access advocates sued DCF when the agency refused to release its case file on the toddler.
The Intercept Fights for Public Records in North Dakota
Victoria NobleWhile this decision was an indelible win for government transparency, The Intercept’s ongoing, costly fight to access the records at issue should serve as a cautionary tale to news organizations considering bringing similar cases.