Freedom of Information Act Flashcards

Study Notes

Freedom of Information Act (FOIA)

FOIA established in 1966; allows public access to federal agency records.
Agencies must provide copies of records for a reasonable cost.
Most records maintained by federal administrative agencies are open for public inspection.

Applicability of FOIA

Applies to Executive Branch departments and agencies (e.g., FBI, CIA).
Does not cover Congress, federal courts, or certain Presidential advisory functions.

Types of Records Requestable

Any record created or obtained by federal agencies that is currently in their possession.
Includes documents, emails, photographs, videos, and maps.
Agencies must inform the public on how to file requests and have 20 days to respond.

Nine Exemptions from FOIA

National security classified documents.
Internal agency personnel rules.
Statutory exceptions preventing disclosure.
Trade secrets and financial information.
Internal agency decision-making documents.
Personnel and medical files.
Law enforcement investigatory files under specific conditions.
Records from agencies regulating financial institutions.
Oil and gas exploration data.

General FOIA Procedures

Requests should be clear and specific, submitted in writing.
Denied requests must include a Vaughn Index explaining withheld documents.
After 9/11, a shift towards favoring secrecy changed with the OPEN Government Act of 2007.

Key Cases Impacting FOIA

Schaffer v. Kissinger (1974): Certification requirement for national security classification.
Forsham v. Harris (1980): Private entities receiving government grants aren't subject to FOIA.
Bibles v. Oregon Natural Desert Assn. (1997): Right to privacy can limit access to agency mailing lists.

Notable Court Decisions

CIA v. Sims (1985): CIA can keep intelligence sources confidential irrespective of national security.
U.S. Department of Justice v. Reporters Committee (1989): Limits public access to FBI criminal history records.
U.S. Department of Justice v. Landano (1993): Case-by-case review on FOIA requests concerning informant identities.

Limitations and Privileges

FOIA acknowledges Executive Privilege; exemptions for national security and internal agency documents.
U.S. v. Nixon (1974): Limits on executive privilege; must balance with public interest.

The Buckley Amendment (FERPA)

Protects the privacy of student education records; restricts access without consent.
Allows student access to their records; penalties for non-compliance include loss of federal funds.

Federal Driver's Privacy Protection Act

Mandates closure of motor vehicle registration and driving records from public view.
Exemptions for certain entities (e.g., insurance companies).

Government in the Sunshine Act (1976)

Requires public meetings for over 50 agencies; exceptions exist for closed meetings.
Accurate records and voting results must be documented and reported after closed sessions.

Prisoner Interview Rights

Saxbe v. Washington Post (1974): Federal prison officials can restrict press interviews with inmates.
Pell v. Procunier (1974): No constitutional right to interview inmates.
Houchins v. KQED (1978): Media lacks constitutional access to prisons.

Brown Act (California)

Covers meetings of public agencies; must meet specific notice and transparency requirements.
Allows closed meetings under limited circumstances (e.g., personnel matters, litigation).

California Public Records Act

Applies to state and local agencies; excludes courts and federal entities.
Immediate access mandated during business hours; decisions on record requests must be prompt.
Certain records, such as personal employee papers and attorney-client communications, are exempt.

Description

Test your knowledge of the Freedom of Information Act with these flashcards. Learn key terms and concepts related to this important federal law that allows the public access to government records. Perfect for students or anyone interested in understanding transparency in government.