II. "Compelling Need"

Under the FOIA, a journalist may obtain expedited processing by demonstrating a “compelling need” for the information.⁷ A journalist must generally demonstrate two factors to show “compelling need”⁸: first, that he or she is “primarily engaged in disseminating information,” and second, that there is an “urgency to inform the public concerning actual or alleged Federal Government activity.”⁹ However, you should first consult the agency’s FOIA regulations, as some have provided further clarification on these factors, or have provided additional grounds on which you may seek expedited review. Agency FOIA regulations can usually be found online at an agency’s FOIA homepage.

Additionally, in appealing a denial of expedited review based on a demonstration of compelling need, it may be a good idea to include a statement in the appeal letter certifying that it is “true and correct to the best of [my] knowledge and belief.”¹⁰ The FOIA requires that this phrase accompany requests for expedited processing based on compelling need, so if the original request letter omitted this statement, you should be sure to add it in the appeal letter. Even if the original request for expedited review contained such a statement, it may be a good idea to reiterate this on appeal in order to avoid unnecessary controversy over this technical point. You should also consult the agency’s FOIA regulations on this point, as some contain more specific certification requirements. For example, the Bureau of Consumer Financial Protection provides that this statement “must be in the form” of the model language provided in its regulations.¹¹