First Amendment Coalition v. Dep't of Justice

October 5, 2015

The First Amendment Coalition sought to recover costs and fees after it received two memoranda from the government in its FOIA case. The district court held that FAC was not eligible to recover fees and costs because a decision in the Second Circuit was the reason one of the memos had been released, and therefore FAC had not "substantially prevailed." In an amicus brief, we argued that the reasons underlying the fee-shifting provision of FOIA serve many purposes, even when multiple parties seek the same information, and Congress's amendments to FOIA have made clear that a party need not secure judicial relief in order to "substantially prevail." Additionally, news, educational, and non-profit organizations play an important role in vindicating the public's right of access to government records, and should be able to rely on the ability to recover fees and costs.