Freedom of Information

Question 1

What prompted New York Times Co. v. United States?

Answer 1

President Nixon asked a federal court to prohibit the disclosure of some information via the press about the U.S. involvement in Vietnam.

Question 2

What arguments did the Court use to rule in favor of the New York Times?

Answer 2

Black - the freedom of press is paramount and claims of protecting security cannot override it
Douglas - there is an ongoing public debate, and these materials are highly relevant; secrecy is anti-democratic
Brennan - government must prove a direct threat to security to limit the freedom of press
Stewart - cannot say there is a clear, direct harm resulting from publication
White - much of the information is available, and much of the damage is already done
Mashall - court has no authority to grant the relief the government seeks

Question 3

What does the FOIA require, and what exceptions exist?

Answer 3

Agencies must disclose most records in response to written requests. Statutorily-exempted matters, national defense issues, internal agency matters, confidential trade secrets, files protected by privacy rights, etc.

Question 4

What does the Government in the Sunshine Act do?

Answer 4

Requires agencies to hold public meetings if there are enough members to take action and requires a week’s notice

Question 5

What prompted Beck v. Shelton?

Answer 5

Three people sought an injunction against city officials are violating FOIA. They argued that emails were used to avoid public scrutiny and public gatherings/meetings should have constituted meetings under the FOIA

Question 6

What did the Virginia Supreme Court find in Beck v. Shelton?

Answer 6

Emails do not constitute meetings because they are not simultaneous (not a meeting room, for example).
FOIA is not meant to discourage the free discussion of public matters