Skip to main content

Government Records

Apr 2023

Significant FOIA Win to Gain Access to MLAT Records on Mexico’s Former Secretary of Defense

Victoria Baranetsky, Dara Gray, and Anise McKinney

Beyond 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.

Mar 2023

Courthouse News Service Continues Its Winning Streak

Jack Greiner and Darren W. Ford

Courthouse 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.

Feb 2023

DC Court of Appeals Dismisses Police Union’s Fundamental Right to Privacy Claim Over Body Cam Footage

Sara Benson and Cindy Gierhart

The 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.

Dec 2022

Mass Shooting at Club Q in Colorado Springs Prompts Two Successful Unsealing Battles

Steve Zansberg

Judge Chittum ruled that in light of recent events the statute clearly required that prior criminal case file be unsealed.

Sep 2022

Foreign Emoluments Clause Meets FOIA

Charles D. Tobin and Maxwell S. Mishkin

A 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.

Aug 2022

Florida Federal Court Releases Redacted Warrant Affidavit in Unprecedented Search of Former President Trump’s Florida Residence

Charles D. Tobin and Elizabeth Seidlin-Bernstein

The 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.

Aug 2022

Second Circuit Sua Sponte Shrinks Definition of “Agency Records”

Stephen Stich

The ruling bowls over text and precedent and is a potential disaster for government transparency.

Jun 2022

California Recognizes “Constructive Denial” Doctrine Under Public Records Act

Steven Zansberg

The 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.

May 2022

Florida Court Rejects Bid to Conceal Records of Deceased Toddler  

Daniela Abratt

After 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.

May 2022

The Intercept Fights for Public Records in North Dakota

Victoria Noble

While 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.