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The United states supreme court and the Freedom of information act

The United states supreme court and the Freedom of information act. Esther Bardo LIS 60001. FOIA: the History. Increase of power delegated to federal agencies in the 1930’s 1934 the first criticism of the Governments withholding policies from the ABA 1940 Roosevelt Executive Order

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The United states supreme court and the Freedom of information act

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  1. The United states supreme court and the Freedom of information act Esther Bardo LIS 60001

  2. FOIA: the History • Increase of power delegated to federal agencies in the 1930’s • 1934 the first criticism of the Governments withholding policies from the ABA • 1940 Roosevelt Executive Order • Increase in demand for Government disclosure • Administration Procedure Act of 1946 • 1951 Truman Executive Order • 1950 APMEA’s Freedom of Information Report • 1965 and 1966 Congressional Reports

  3. FOIA: the History • Development of the House Committee on Government Operations • 1958 Moss-Hennings Bill • Freedom of Information Act of 1966 • Amendment of 1974 • Clarification of disclosure requirements • Amendment of 1976 • Amend due to Court ruling • Amendment of 1986 • Address monetary fees incurred by requester • Electronic Freedom of Information Improvement Act of 1991 • Amendment of 1996 • Amend due to Court ruling

  4. Influence of the Supreme Court on FOIA • 1976 and 1996 FOIA Amendments • Exemption 6 • US Department of State v. Washington Post • Minimal privacy interest required • US Department of Justice v. Reporters Committee for the Freedom of the Press • ‘Central Purpose’ • Exemption 7 (C) • National Archives and Records Administration v. Favish • Instituting an unwarranted test

  5. Department of the Interior et al v. Klamath Water Users Protective Association • Klamath Irrigation Project • Administered by the Dept. of Interior’s Bureau of Reclamation • Consulted the Klamath and other Basin Tribes • Tribal claims filed by the Department of the Interior’s Bureau of Indian Affairs • Klamath Water Users Protective Association • FOIA, Exemption 5

  6. National Archives and Records Administration v. Favish et al • Deputy Counsel to President Clinton, V. Foster, committed suicide • Favish sued to gain access to crime scence photographs • FOIA, Exemption 7 (C) • Requester must “produce evidence sufficient to warrant…(cancel out) privacy interests”

  7. U.S. Department of Defense et al v. Federal Labor Relations Authority et al • Federal Labor Unions filed on behalf of local unions to access personal address of employees in bargaining units • Privacy Act of 1974 • Court of Appeals for the Fifth Circuit • FOIA, Exemption 6 • Supreme Court • Balance of public interest • FOIA ‘primary purpose’ • Warranted invasion of privacy cannot turn on the purpose

  8. U.S. Department of Justice et al v. Landano • Convicted of Murder • Sued the FBI to access information related to the case • Government agency refused under Exemption 7 (D) of FOIA • Supreme Court ruling • Agencies do not possess an all-encompassing confidentiality exemption • Narrowed circumstances which are protected by privacy

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