Government Records
Colorado Lawmakers Commit to Stop Auto-Deleting Instant Messages with Other Lawmakers
Steve ZansbergThe directive is the first in the nation to expressly prohibit legislators from using so-called “ephemeral messaging” apps when discussing public business.
FOIA Lawsuit Helps NPR Report On “Barbaric” and “Negligent” Conditions in ICE Detention Facilities
Max Mishkin, Emmy Parsons, and David BodneyThese records were released as the result of a Freedom of Information Act lawsuit in which the court compared the Government’s arguments to “a game of ‘Mad Libs.’”
Sheriff Ordered to Pay Station’s Attorney Fees After Withholding Recordings of Jailhouse Videocalls Which It Already Had Released
Eric P. RobinsonJudge Toal held that the recordings were public records in possession of a government agency, and thus subject to disclosure under FOIA.
A Victory for Transparency in Uvalde
Reid PillifantMore than a year after a gunman killed 19 students and 2 teachers at Robb Elementary School in Uvalde, Texas, a judge has ordered the Texas Department of Public Safety to release information about the attack and the law enforcement response.
Florida Appellate Court Orders Public Release of State Grand Jury Materials from Failed Jeffrey Epstein Prosecution
Nina D. Boyajian and Layal L. BisharaThe Court of Appeal held that courts have inherent authority to order the disclosure of grand jury materials, “despite the traditional rule of [grand jury] secrecy.”
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.