Government Records
SCOTUS Sides with Fish & Wildlife Service in FOIA Battle
Gunita SinghThe Supreme Court held that opinions designated as drafts by an agency are protected from disclosure under Exemption 5 of the federal Freedom of Information Act, even when they serve as an agency’s last word on a proposed course of action.
Second Circuit: New York Police, Fire Unions Can’t ‘Bargain Away’ Public Records Disclosure Obligations
Madeline LamoA three-judge panel ruled that allegations of misconduct against New York City’s police officers, firefighters and correctional officers could be released to the public.
Searching a Database Isn’t “Creating” A Record
D. Victoria Baranetsky and Shawn MusgraveReveal from The Center for Investigative Reporting was successful in challenging the government’s withholding of firearms data under FOIA.
Espionage Act Prosecutions Against the Press
A collection of resources discussing the legislative history and statutory interpretation of the Espionage Act, assorted First Amendment issues implicated in a prosecution of the press, particular defenses under criminal law, the history of the publication of government secrets in the United States, the historical application of the Act, and more.
Access to Electronic or Digitized Records Held in Non-Governmental Containers
Steve ZansbergThe growing body of case law on this topic has formed a fairly strong consensus view: it is the content of the email (i.e. whether it is of a purely personal nature or discusses public business) not its location) that controls whether it is deemed a public record.
Model Brief on Access to the Executive Branch
This Model Brief sets forth multiple constitutional arguments that could be made to obtain access to various activities of the executive branch.