Freedom of Information

Federal judge criticizes immigration agency's response to FOIA request

Monika Fidler | Freedom of Information | News | December 3, 2012
News
December 3, 2012

Attorneys seeking records from U.S. Citizenship and Immigration Services hope that a strongly worded opinion released recently by a federal judge criticizing the agency for failing to quickly and adequately respond to a federal Freedom of Information Act request will push the agency to change how it responds to other FOIA requests.

Ark. Supreme Court hears arguments over definition of public meeting

Lilly Chapa | Freedom of Information | News | November 29, 2012
News
November 29, 2012

The Arkansas Supreme Court on Thursday expressed frustration that the state's open meetings law contains no definition for what constitutes a public meeting, forcing the court to define the statute's limits each time a new challenge arises.

In oral arguments in McCutchen v. Fort Smith, the central issue in the case is whether an administrator's action of scheduling a series of individual meetings with members of the city's board of directors to discuss a memo he prepared constituted a meeting under the state's Freedom of Information Act.

Federal courts have power to review classification decisions, government brief confirms

Monika Fidler | Freedom of Information | News | November 28, 2012
News
November 28, 2012

Government attorneys confirmed on Tuesday that federal courts have the right under the federal Freedom of Information Act to review agency decisions to classify documents when invoking the law's national security exemption.

University of Colorado releases some Holmes records

Lilly Chapa | Freedom of Information | News | November 28, 2012
News
November 28, 2012

Despite a judge recently modifying a gag order in the case of alleged theater shooter James Holmes, journalists are having a difficult time accessing records to report on the high-profile case.

“We get lots of tiny bits and pieces and have to paste these parts together to make sense out of what seems like a senseless mass shooting,” Denver reporter Rick Sallinger said.

Texas public officials lose First Amendment challenge to openness requirements

Open Meetings Act survives scrutiny over criminal penalty provisions
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AP Photo/The Galveston County Daily News, Jennifer Reynolds

Criminal penalties for violations of meetings laws were under fire in Texas on First Amendment grounds.

The fast, the furious, and the executive privilege

Federal court to decide if Obama can assert executive privilege in the Operation Fast and Furious investigation
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AP Photo/Stephan Savoia

Attorney General Eric Holder speaks in Boston on June 26 while a vote loomed to hold him in contempt of Congress for withholding records of Operation Fast and Furious.

The new requirements of Exemption 2

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The U.S. Supreme Court in Milner v. Department of Navy established a three-prong test for determining whether federal records are “related solely to the internal personnel rules and practices of an agency” as set forth in FOIA Exemption 2:

1) The information must be related to internal rules or practices. This includes documents related to the selection, placement and training of employees;

Government adapts to loss of "High 2" exemption

Reliance on Exemption 2 drops, but officials are encouraging the use of other exemptions and statutes instead
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AP Photo/Kitsap Sun, Larry Steagall

A container of ammunition is being picked up by a crane to load onto a ship at Naval Magazine Indian Island near Port Townsend, Wash. A FOIA request for information from the base led to the demise of the “High 2” exemption by a decision of the U.S. Supreme Court.

Judge orders unsealing of Watergate documents

Lilly Chapa | Freedom of Information | News | November 7, 2012
News
November 7, 2012

A history professor hopes that a federal court's recent order to release long-sealed Watergate documents will shed light on the motivations behind the infamous 1972 scandal and help set an example for how to unseal court records.