Skip to Main Content

Freedom of Information Act

A guide to researching using the Freedom of Information Act (FOIA) and Ohio open information laws

FAQ

A law that allows the public to access government records. Since 1967, the Freedom of Information Act (FOIA) has provided the public the right to request access to records from any federal agency. It is often described as the law that keeps citizens in the know about their government.


All federal executive branch agencies. That is: any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including certain offices in the Executive Office of the President), or any independent regulatory agency.

FOIA does not apply to:

  • The Judicial Branch (Courts),
  • The Legislative Branch (Congress), or
  • State and local governments.
Search for an agency

Federal agencies are required to disclose any information requested under the FOIA unless it falls under one of nine exemptions:

  1. Classified national defense and foreign relations information.
  2. Internal agency personnel rules and practices.
  3. Information that is prohibited from disclosure by another federal law.
  4. Trade secrets and commercial or financial information obtained from a person that is privileged or confidential.
  5. Inter-agency or intra-agency memoranda or letters that are protected by legal privileges.
  6. Personnel, medical, financial, and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
  7. Certain types of information compiled for law enforcement purposes.
  8. Records that are contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of any agency responsible for the regulation or supervision of financial institutions.
  9. Geological and geophysical information and data, including maps, concerning wells. 

Additionally, Congress provides exclusions for three narrow categories of law enforcement and national security records:

  1. The first exclusion protects the existence of an ongoing criminal law enforcement investigation when the subject of the investigation is unaware that it is pending and disclosure could reasonably be expected to interfere with enforcement proceedings.
  2. The second exclusion is limited to criminal law enforcement agencies and protects the existence of informant records when the informant’s status has not been officially confirmed.
  3. The third exclusion is limited to the FBI and protects the existence of foreign intelligence or counterintelligence, or international terrorism records when the existence of such records is classified.

Agencies operate under the Presumption of Openness when answering FOIA requests, meaning agencies should withhold information only if they reasonably foresee that disclosure would harm an interest protected by an exemption, or if disclosure is prohibited by law. Agencies should also consider whether partial disclosure of information is possible whenever they determine that full disclosure is not possible and they should take reasonable steps to segregate and release nonexempt information. The Office of Information Policy at the Department of Justice is responsible for issuing government-wide guidance on the FOIA.

The law requires agencies to respond within 20 days, but it often takes months or years to receive the information requested. The time it takes to respond to a request will vary depending on the complexity of the request and any backlog of requests already pending at the agency. A simple request can be processed faster by the agency than one that is complex. Simple requests are typically more targeted and seek fewer pages of records. Complex requests typically seek a high volume of material or require additional steps to process such as the need to search for records in multiple locations.


For more answers to FAQ, see FOIA.gov/FAQ.

Resources

FOIA Improvement Act of 2016

PL114-185 (06/30/2016). 130 STAT. 538 (2016) (5 U.S.C. § 552, 5 U.S.C.A. § 552, 5 U.S.C.S. § 552)   (Effective: June 30, 2016)).

The latest version of FOIA and the most significant changes to the Freedom of Information Act in 50 years history:

  • Section 2 of the Act requires “disclosable records and documents be made available for public inspection in an      electronic format;”
  • Requires “agencies to make available for inspection in electronic format records that have been requested three or more times (frequently requested records);”
  • Prohibits “an agency from charging a fee for providing records if the agency misses a deadline for complying with an FOIA request unless unusual circumstances apply and more than 5,000 pages are necessary to respond to the request;”
  • Prohibits “an agency from withholding information requested under FOIA unless the agency reasonably foresees that disclosure would harm an interest protected by an FOIA exemption or disclosure is prohibited by law (presumption of openness);”
  • Limits to “ a period of 25 years or more” the FOIA exemption for agency communications to allow the disclosure of agency records;”
  • Requires “the Office of Government Information Services (OGIS) to offer mediation services to resolve disputes between agencies and FOIA requesters;”
  • Expands “the authority and duties of the Chief FOIA Officer of each agency to require officers to serve as the primary agency liaison with OGIS and the Office of Information Policy;”
  • Establishes “a Chief FOIA Officers Council to develop recommendations for increasing compliance and efficiency in responding to FOIA requests, disseminating information about agency experiences, identifying, developing, and coordinating initiatives to increase transparency and compliance, and promoting performance measures to ensure agency compliance with FOIA requirements; and”
  • Requires the creation of a consolidated online request portal “that allows a member of the public to submit a request for records to any agency from a single website.”
  • Section 5 specifies that “no additional funds are authorized to carry out the requirements of this bill.”
  • Per Section 6, “this bill shall take effect on its enactment date” (which the media expects to be July 4, 2016 (if not before)) and shall apply to all FOIA requests for records made after its enactment date.

“Rep. Mark Meadows (R-N.C.) said the bill would go a long way toward eliminating the “withhold-it-because-you-want-to exemption” by federal agencies and would make more information available to the public.” 16 Digital Discovery & e-Evidence 274 (Supra.) This comment gives a hint of the dysfunction the reform act is meant to rectify. Senator Patrick Leahy stated, “With today’s passage of the bipartisan FOIA Improvement Act, we have chosen to let the sunshine in.”

Sponsor:  Senator John Cornyn (R-TX), Introduced 02/02/2015). (114th Congress (2015-2016).

Committees:  Senate - Judiciary.

Committee Report:  S. Rept. 114-4 - FOIA Improvement Act of 2015.

 

Congressional Record, Vol. 162 (2016): 

Mar. 15, considered and passed Senate.

June 13, considered and passed House.

Daily Compilation of Presidential Documents (2016):

June 30, Presidential remarks.

 

    

Books

Timeline

On July 4, 2016, America celebrated the 50th Anniversary of the United States Freedom of Information Act (FOIA). President Obama celebrated early by signing the Freedom of Information Improvement Act of 2016 (S. 337, which passed Congress on June 13, 2016) into law.

President Lyndon B. Johnson signed the original FOIA, S. 1160, on July 4, 1966. It revised section 3 of the Administrative Procedure Act to provide guidelines for the public availability of the records of Federal departments and agencies. (Freedom of Information Act, Pub. L. No. 89-487, 80 Stat.250 (1966)).

In his signing statement, Johnson noted, "This legislation springs from one of our most essential principles: A democracy works best when the people have all the information that the security of the Nation permits." Johnson even says, "I signed this with a deep sense of pride that the United States is an open society." You can find the complete statement made by Johnson at the signing in several locations:  The American Presidency Project website, The Weekly Compilation of Presidential Documents, available now on HeinOnline (in the Federal Register Library), LLMC Digital database, and ProQuest Legislative Insight.

But the reality is revealed as time passes. In "Freedom of Information at 40," edited by Thomas S. Blanton, Director of the National Security Archive at George Washington University, we learn that Johnson avoided a formal signing ceremony for the FOIA, that he didn't add it to his daily diary, and that "he personally removed strong openness language from Bill Moyer's press statement. Per Bill Moyers, the President was dragged “kicking and screaming” to sign it in San Antonio.  News articles from 2006 support the notion of Johnson's ambivalence on FOIA. One example is Ted Bridis, “The U.S. President Worried About Giving Up Secrets—40 Years Ago,” Pittsburgh Post-Gazette, July 5, 2006.) "Draft language from Mr. Johnson's statement arguing that "democracy works best when people know what their government is doing," was changed with a handwritten scrawl to read: "Democracy works best when the people have all the info that the security of the nation will permit."

Using ProQuest's Legislative Insight, researchers can trace Congressional Hearings  on topic as early as the 84th Congress (1955-1956), "Availability of Information from Federal Departments and Agencies,"  and "Freedom of Information  and Secrecy in Government," with Editors, Legal Experts, Scientific and Technical Information experts, and the Department of Defense, The Senate also held related hearings and considered freedom of government information in the Subcom. on Constitutional Rights, Committee on the Judiciary.

Democratic Congressman John Moss of California authored and sponsored the legislation starting in 1955 through several versions, but early through each of its early iterations, fellow Democratic Senator Lyndon B. Johnson opposed it. Moss finally shepherded the FOIA through Congress for President Johnson to sign.  The Electronic Frontier Foundation's Transparency Project: History of FOIA website shares the back story. 

 

FOIA Reports: Agencies submit annual reports regarding their FOIA transactions. They indicate basic information on how to make FOIA requests and their program costs and processing statistics.

There are generally FOIA specialists assigned by the agencies and often those who place requests are professional FOI requestors (attorneys or information specialists), submitting requests on behalf of interest groups or others. There are concerns of abuses in the U.S. FOIA system ranging from charging unjustified fees, refusing to act without receiving money first, "intentionally understaffing FOI departments, forcing litigation,[and] indiscriminate censorship,"  (Source: Patrick Birkinshaw, Freedom of Information: The Law, the Practice and the Ideal (4th ed., 2010), p. 467). There have been abuses on both sides.  One case,  Gulf Oil Corp. v. Brock, 778 F. 2d 834, took eleven years before resolution through the judicial process.  One report disclosed that 60 percent of FOIA requests received were actually from commercial entities seeking details on their competitors.  FOIA exists to support individuals to gain access to their government's records. But most the majority of requests are from professional data brokers, attempting to make money on government-provided data. The costs to the federal government to administer FOIA are enormous. 

"The total estimated cost of all FOIA-related activities across the government was $514,614,589.00. Nearly 93% ($478,455,050.17) of the total costs was attributed to the processing of requests and appeals by agencies.  Roughly 7% was reported to have been spent on litigation-related activities. By the end of the fiscal year, agencies reported collecting a total of $3,870,921.51 in FOIA fees. The FOIA fees collected in FY 2016 amounts to less than 1% of the total costs related to the government’s FOIA activities."  (Source:  Summary of Annual FOIA Reports for Fiscal Year 2016, 18, Office of Information Policy, U.S. Department of Justice, https://www.justice.gov/oip/blog/summary-fiscal-year-2016-annual-foia-reports-published, (last visited May 22, 2017).

 

Freedom of Information Act (FOIA), 5 U.S.C. § 552

Legislation

The Most Recent FOIA Amendment

FOIA Improvement Act of 2016, Public Law No.114-185 (06/30/2016). 130 STAT. 538 (2016) (5 USC § 552, 5 U.S.C.A. § 552  5 U.S.C.S. § 552)   (Effective: June 30, 2016)).

S. 337, - FOIA Improvement Act of 2016, is the latest version of the FOIA passed. It “mak[es] the most significant changes to the Freedom of Information Act in its 50-year history.” You can read more details about the passage in: Cheryl Bolen, Bill Would Make Biggest Changes in 50-Year History16 DIGITAL DISCOVERY & E-EVIDENCE 274-275 (6-23-2016). The most significant changes in the FOIA Improvement Act include:

  •     Section 2 of the Act requires “disclosable records and documents be made available for public inspection in an      electronic format;”
  •     Requires “agencies to make available for inspection in electronic format records that have been requested three or more times (frequently requested records);”
  •     Prohibits “an agency from charging a fee for providing records if the agency misses a deadline for complying with an FOIA request unless unusual circumstances apply and more than 5,000 pages are necessary to respond to the request;”
  •     Prohibits “an agency from withholding information requested under FOIA unless the agency reasonably foresees that disclosure would harm an interest protected by an FOIA exemption or disclosure is prohibited by law (presumption of openness);”
  •     Limits to “ a period of 25 years or more” the FOIA exemption for agency communications to allow the disclosure of agency records;”
  •     Requires “the Office of Government Information Services (OGIS) to offer mediation services to resolve disputes between agencies and FOIA requesters;”
  •     Expands “the authority and duties of the Chief FOIA Officer of each agency to require officers to serve as the primary agency liaison with OGIS and the Office of Information Policy;”
  •     Establishes “a Chief FOIA Officers Council to develop recommendations for increasing compliance and efficiency in responding to FOIA requests, disseminating information about agency experiences, identifying, developing, and coordinating initiatives to increase transparency and compliance, and promoting performance measures to ensure agency compliance with FOIA requirements; and”
  •     Requires the creation of a consolidated online request portal “that allows a member of the public to submit a request for records to any agency from a single website.”
  •     Section 5 specifies that “no additional funds are authorized to carry out the requirements of this bill.”
  •     Per Section 6, “this bill shall take effect on its enactment date” (which the media expects to be July 4, 2016 (if not before)) and shall apply to all FOIA requests for records made after its enactment date.

“Rep. Mark Meadows (R-N.C.) said the bill would go a long way toward eliminating the “withhold-it-because-you-want-to exemption” by federal agencies and would make more information available to the public.” 16 Digital Discovery & e-Evidence 274 (Supra.) This comment gives a hint of the dysfunction the reform act is meant to rectify. Senator Patrick Leahy stated, “With today’s passage of the bipartisan FOIA Improvement Act, we have chosen to let the sunshine in.”

Sponsor:  Senator John Cornyn (R-TX), Introduced 02/02/2015). (114th Congress (2015-2016).

Committees:  Senate - Judiciary.

Committee Report:  S. Rept. 114-4 - FOIA Improvement Act of 2015.

Congressional Record, Vol. 162 (2016): 

Mar. 15, considered and passed Senate.

June 13, considered and passed House.

Daily Compilation of Presidential Documents (2016):

June 30, Presidential remarks.

    

Case Law

Finding Case Law Related to the Freedom of Information Act.

Methods:

1. Go to an annotated version of the United States Code (United States Code Annotated (West/ Thomson Reuters) or United States Code Service (Lexis).  Look up 5 U.S.C. § 552. The text of the statute is followed by a number of annotations, including case annotations. 

2. Via Westlaw or a print version of the West's Federal Practice Digest: Search Topic and Key Numbers assigned to FOIA issues: 

  • 30 Access to records or files in general
  • 31 Regulations limiting access; offenses
  • 32 Court records
  • 33 Persons entitled to disclosure; interest or purpose
  • 34 Proceedings for access
  • 35 Proceedings to prevent disclosure; injunction
  • 50 In general; freedom of information laws in general
  • 51 Agencies or custodians affected
  • 52 Persons entitled to disclosure; interest or purpose
  • 53 Matters subject to disclosure; exemptions
    • 54 —In general
    • 55 —Exemptions or prohibitions under other laws
    • 56 —Classified secrets
    • 57 —Internal memoranda or letters; executive privilege
    • 58 —Personal privacy considerations in general; personnel matters
    • 59 —Trade secrets and commercial or financial information
    • 60 —Investigatory or law enforcement records
  • 61 Proceedings for disclosure
    • 62 —In general; request and compliance
    • 63 —Judicial enforcement in general
    • 64 —Discretion and equitable considerations; balancing interests
    • 65 —Evidence and burden of proof
    • 66 —In camera inspection; excision or deletion
    • 67 —Findings and order; injunctive relief
    • 68 —Costs and fees

Frequently Referenced FOIA Cases.

(With Westlaw-provided briefs).

Access Reports v. Department of Justice, 926 F. 2d 1192 (1991).  

"Newsletter featuring information on the Freedom of Information Act (FOIA) sought copy of internal memorandum written by staff attorney at Department of Justice pertaining to Department's proposed amendments to Act. The United States District Court for the District of Columbia, Harold H. Greene, J., determined that memorandum was not exempt from disclosure, and appeal was taken. The Court of Appeals, Stephen F. Williams, Circuit Judge, held that memorandum was exempt from disclosure under section providing for exemption for interagency or intraagency memorandums or letters which would not be available by law to party other than agency in litigation with agency." Reversed.

ACLU v. Department of Defense, et al., 389 F. Supp. 2d 547 (SDNY, 2005).

"Civil liberties advocacy organization sued United States pursuant to the Freedom of Information Act (FOIA), demanding that the government produce documents concerning the treatment of detainees in United States custody and the death and torture of detainees allegedly possessed by the Department of Defense (DOD) and the Central Intelligence Agency (CIA)."
"Holdings: The District Court, Hellerstein, J., held that   1 reports of the International Committee of the Red Cross (ICRC) concerning the treatment of detainees in Iraq to the DOD were exempt from disclosure; 2 CIA's Glomar response to requests for memorandum specifying interrogation methods that the CIA could use against top Al-Qaeda members, and a directive signed by the President granting the CIA the authority to set up detention facilities outside the United States and/or outlining interrogation methods that may be used against detainees was justified; Glomar response to requests for memorandum specifying interrogation methods that the CIA could use against top Al-Qaeda members, and a directive signed by the President granting the CIA the authority to set up detention facilities outside the United States and/or outlining interrogation methods that may be used against detainees was justified; 3 CIA's Glomar response to request for memorandum from the Department of Justice (DOJ) to the CIA interpreting the Convention Against Torture was not justified; and Glomar response to request for memorandum from the Department of Justice (DOJ) to the CIA interpreting the Convention Against Torture was not justified; and 4 photographs and videotapes held by the DOD depicting abuse of detainees in Guantanamo Bay and Iraq, when redacted, were not exempt from disclosure." Ordered accordingly.
 
"Plaintiffs filed suit challenging constitutionality of provisions of Communications Decency Act (CDA) provisions seeking to protect minors from harmful material on the Internet. Second suit was filed by additional plaintiffs, and cases were consolidated. A three-judge panel of the United States District Court for the Eastern District of Pennsylvania, convened pursuant to the CDA, 929 F.Supp. 824, entered preliminary injunction against enforcement of provisions. Government appealed under special review provisions of the CDA. The Supreme Court, Justice Stevens, held that: (1) provisions of the CDA prohibiting transmission of obscene or indecent communications by means of telecommunications device to persons under age 18, or sending patently offensive communications through use of interactive computer service to persons under age 18, were content-based blanket restrictions on speech, and, as such, could not be properly analyzed on First Amendment challenge as a form of time, place, and manner regulation; (2) challenged provisions were facially overbroad in violation of the First Amendment; and (3) constitutionality of provision prohibiting transmission of obscene or indecent communications by means of telecommunications device to persons under age 18 would be saved from facial overbreadth challenge by severing term “or indecent” from statute pursuant to its severability clause." overbroad in violation of the First Amendment; and (3) constitutionality of provision prohibiting transmission of obscene or indecent communications by means of telecommunications device to persons under age 18 would be saved from facial overbreadth challenge by severing term “or indecent” from statute pursuant to its severability clause." overbreadth challenge by severing term “or indecent” from statute pursuant to its severability clause." Affirmed.

 

Administrator, Federal Aviation Administration v. Robertson, 422 U.S. 255 (1975).

"Plaintiffs, who were conducting study of airline safety, brought action under Freedom of Information Act to compel Federal Aviation Administration to make available certain Systems Worthiness Analysis Program Reports. The United States District Court for the District of Columbia, rendered partial summary judgment for plaintiffs, and defendants appealed. The Court of Appeals, 162 U.S.App.D.C. 298, 498 F.2d 1031, affirmed and remanded. Certiorari was granted. The Supreme Court, Mr. Chief Justice Burger, held that exemption from disclosure requirements of the FOIA for matters specifically exempted from disclosure by statute is sufficiently ambiguous to require resort to legislative history, that the FOIA did not repeal by implication the then existing numerous statutes which restricted public access to specific government records and that broad discretion vested by Congress in the FAA to withhold from public disclosure information which, in judgment of the Administrator, would adversely affect the interest of the objecting party and was not required to be disclosed in the interests of the public was not necessarily inconsistent with Congress' intent in enacting the FOIA to replace the broad standard of the public disclosure section of the Administrative Procedure Act and that the instant reports, disclosure of which the FAA had stated would not be in the public interests because confidentiality was necessary to effectiveness of the program, were exempt from public disclosure as being specifically exempt from disclosure by statute, i.e., Federal Aviation Act." Reversed.  "Superseded by Statute/Rule as Stated in Consumer Product Safety Commission v. GTE Sylvania, Inc., U.S.Del., June 9, 1980."

 

Assassination Archives and Research Center, Inc., v. Central Intelligence Agency , 720 F. Supp. 217 (1989).

"Plaintiff submitted Freedom of Information Act request seeking all Central Intelligence Agency information on current President which reflected any relationship between him and the CIA prior to his term as Director of the CIA as well as documents regarding assassination of President Kennedy that were reviewed by the current President while he was Director. The District Court, Revercomb, J., held that documents were protected from disclosure by Freedom of Information Act." Defendant's motion for summary judgment granted.

 

"Government contractor sued to prevent disclosure of information supplied to the Defense Logistics Agency concerning its employment of women and minorities. The United States District Court for the District of Delaware, 412 F.Supp. 171, granted relief in part. The United States Court of Appeals for the Third Circuit, 565 F.2d 1172, vacated that judgment and certiorari was granted. The Supreme Court, Mr. Justice Rehnquist, held that: (1) the Freedom of Information Act was exclusively a disclosure statute and afforded no private right of action to enjoin agency disclosure; (2) the type of disclosure threatened in this case was not “authorized by law” within the meaning of the Trade Secrets Act on the theory that Office of Federal Contract Compliance Programs regulations relied upon by DLA were the source of that authorization; (3) the Trade Secrets Act did not afford a private right of action to enjoin disclosure in violation of the statute; however, (4) review of the DLA's decision to disclose was available under the Administrative Procedure Act." Judgment of Court of Appeals vacated and remanded. (Superseded by Statute as Stated in Iowa Film Production Services v. Iowa Dept. of Economic DevelopmentIowa, July 27, 2012).

 

Critical Mass Energy Project v. Nuclear Regulatory Commission, 975 F. 2d 871 (DC Cir. 1992). (cert denied 113 S.Ct. 1579 (1993).

"Public interest organization brought action under Freedom of Information Act (FOIA) to obtain nuclear industry group's safety reports that had been voluntarily provided to Nuclear Regulatory Commission (NRC). The United States District Court for the District of Columbia, 644 F.Supp. 344, exempted reports from disclosure, and organization appealed. On remand, 830 F.2d 278, the District Court upheld refusal to disclose reports, 731 F.Supp. 554, and organization appealed. The Court of Appeals reversed, 931 F.2d 939, and NRC and industry group petitioned for rehearing en banc. The Court of Appeals, Buckley, Circuit Judge, held that information voluntarily provided by industry group to NRC was “confidential,” and thus exempt from disclosure under banc. The Court of Appeals, Buckley, Circuit Judge, held that information voluntarily provided by industry group to NRC was “confidential,” and thus exempt from disclosure under banc. The Court of Appeals, Buckley, Circuit Judge, held that information voluntarily provided by industry group to NRC was “confidential,” and thus exempt from disclosure under FOIA exemption for financial or commercial information." So ordered.

 

Department of Air Force v. Rose, 425 U.S. 352 (1976).

"Present and former law review editors brought action under Freedom of Information Act to compel disclosure of case summaries of honor and ethics hearings at service academy with personal references and other identifying material deleted. The United States District Court for the Southern District of New York, granted partial summary judgment to defendants and the plaintiffs appealed. The United States Court of Appeals for the Second Circuit, 495 F.2d 261, reversed and remanded with instructions, and certiorari was granted. The Supreme Court, Mr. Justice Brennan, held, inter alia, that the summaries were not free from disclosure under exemption relating to internal personnel rules and practices of an agency, that the Court of Appeals properly ordered the agency to produce the case summaries for an in camera inspection of the district court to determine whether their disclosure was proper under exemption granted to personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, but such a statutory provision did not grant a blanket exemption to all personnel and similar files." Affirmed.

Department of the Interior and Bureau of Indian Affairs v. Klamath Water Users Protective Ass'n , 532 U.S. 1 (2001).

"Nonprofit association of water users brought action against Department of the Interior under Freedom of Information Act (FOIA) seeking documents submitted by Indian tribes at request of Department in course of administrative and adjudicative proceedings regarding water rights allocation. The United States District Court for the District of Oregon, Michael R. Hogan, Chief District Judge, granted Department's motion for summary judgment, and association appealed. The Court of Appeals, Schwarzer, Senior District Judge, 189 F.3d 1034, reversed. Certiorari was granted. The Supreme Court, Justice Souter, held that, without regard to whether Freedom of Information Act (Schwarzer, Senior District Judge, 189 F.3d 1034, reversed. Certiorari was granted. The Supreme Court, Justice Souter, held that, without regard to whether Freedom of Information Act (Souter, held that, without regard to whether Freedom of Information Act (Schwarzer, Senior District Judge, 189 F.3d 1034, reversed. Certiorari was granted. The Supreme Court, Justice Souter, held that, without regard to whether Freedom of Information Act (Souter, held that, without regard to whether Freedom of Information Act (FOIA) exemption for inter- or intra-agency memoranda or letters is broad enough to reach documents authored, not by employee of agency, but by independent contractor acting as consultant, exemption did not protect from disclosure documents that were submitted by Indian tribes at request of Department of Interior in course of administrative and adjudicative proceedings in which tribes had direct interest. Disclosure, not secrecy, is dominant objective of Freedom of Information Act (FOIA), and FOIA exemptions are given a narrow compass. 5 U.S.C.A. § 552.Affirmed.

Environmental Protection Agency v. Mink, 410 U.S. 73 (1973).

"Suit was brought by members of Congress, in both their official and private capacities, under the Freedom of Information Act to obtain documents pertaining to underground atomic explosion. The United States District Court for the District of Columbia entered summary judgment for the federal defendants and the members of Congress appealed. The Court of Appeals, 150 U.S.App.D.C. 233, 464 F.2d 742, reversed and remanded and the federal defendants brought certiorari. The Supreme Court, Mr. Justice White, held that where documents pertaining to proposed underground atomic explosion were classified ‘top secret’ or ‘secret,’ pursuant to executive order, provision of Freedom of Information Act which excludes from the operation of the Act matters specifically required by executive order to be kept secret in interest of the national defense or foreign policy precluded compelled disclosure of the documents." Reversed and remanded.

Federal Bureau of Investigation v. Abramson,  456 U.S. 615 (1982). 

"The United States District Court for the District of Columbia, Charles R. Richey, J., in a case under the Freedom of Information Act, found that disclosure would constitute an unwarranted invasion of personal privacy. Petitioner appealed. The Court of Appeals for the District of Columbia Circuit, 212 U.S.App.D.C. 58, 658 F.2d 806, reversed. Certiorari was granted. The Supreme Court, Justice White, held that information contained in records originally compiled for law enforcement purposes does not lose its exemption from disclosure under the Freedom of Information Act, but continues to meet the threshold requirement of being compiled for law enforcement purposes, when the information is reproduced or summarized in a new document prepared for other than law enforcement purposes." Reversed and remanded.

 Federal Communications Commission v. AT&T, Inc.,  562 U.S. 397 (2011)

"Background: Petitioner, a corporation operating in the telecommunications industry, sought review of an order of the Federal Communications Commission (FCC), 2008 WL 4190979, which granted competitors' Freedom of Information Act (FOIA) requests for documents obtained from petitioner during course of investigation into petitioner's alleged overcharging of FCC-administered program. The United States Court of Appeals for the Third Circuit, Chagares, Circuit Judge, 582 F.3d 490Chagares, Circuit Judge, 582 F.3d 490,granted the petition and remanded. Certiorari was granted.  Holding: The Supreme Court, Chief Justice Roberts, held that “personal privacy,” within the meaning of Freedom of Information Act Exemption 7(C), which covers law enforcement records, the disclosure of which could reasonably be expected to constitute an unwarranted invasion of personal privacy, does not encompass corporations." Court of Appeals reversed.
 

"Plaintiff in Freedom of Information Act case appealed from an order of the United States District Court for the District of Columbia, Oliver Gasch, J., which denied him access to CIA documents detailing legal bills and fee arrangements of private attorneys retained by the Agency. The Court of Appeals, Wilkey, Circuit Judge, held that: (1) CIA documents detailing legal bills and fee agreements with private attorneys retained by the Agency were exempt from disclosure under Freedom of Information Act exemption prohibiting disclosure of matters specifically exempted from disclosure by statute; (2) plaintiff who did not allege an injury which was not common to all members of public, lacked standing to raise constitutional challenge against provisions of Central Intelligence Agency Act requiring secrecy for appropriations and expenditures of the CIA; and (3) statutory provision authorizing withholding of CIA expense data did not violate statement and account clause of Constitution." Affirmed.Wilkey, Circuit Judge, held that: (1) CIA documents detailing legal bills and fee agreements with private attorneys retained by the Agency were exempt from disclosure under Freedom of Information Act exemption prohibiting disclosure of matters specifically exempted from disclosure by statute; (2) plaintiff who did not allege an injury which was not common to all members of public, lacked standing to raise constitutional challenge against provisions of Central Intelligence Agency Act requiring secrecy for appropriations and expenditures of the CIA; and (3) statutory provision authorizing withholding of CIA expense data did not violate statement and account clause of Constitution." Affirmed.Gasch, J., which denied him access to CIA documents detailing legal bills and fee arrangements of private attorneys retained by the Agency. The Court of Appeals, Wilkey, Circuit Judge, held that: (1) CIA documents detailing legal bills and fee agreements with private attorneys retained by the Agency were exempt from disclosure under Freedom of Information Act exemption prohibiting disclosure of matters specifically exempted from disclosure by statute; (2) plaintiff who did not allege an injury which was not common to all members of public, lacked standing to raise constitutional challenge against provisions of Central Intelligence Agency Act requiring secrecy for appropriations and expenditures of the CIA; and (3) statutory provision authorizing withholding of CIA expense data did not violate statement and account clause of Constitution." Affirmed.Wilkey, Circuit Judge, held that: (1) CIA documents detailing legal bills and fee agreements with private attorneys retained by the Agency were exempt from disclosure under Freedom of Information Act exemption prohibiting disclosure of matters specifically exempted from disclosure by statute; (2) plaintiff who did not allege an injury which was not common to all members of public, lacked standing to raise constitutional challenge against provisions of Central Intelligence Agency Act requiring secrecy for appropriations and expenditures of the CIA; and (3) statutory provision authorizing withholding of CIA expense data did not violate statement and account clause of Constitution." Affirmed.

Milner v. Department of the Navy,  562 U.S. 562 (2011).

"Background: Member of organization dedicated to raising community awareness of dangers of Navy's explosions activities on nearby island brought action under Freedom of Information Act (FOIA) to obtain release of Navy documents relating to effects of explosions at particular locations. Parties moved for summary judgment. The United States District Court for the Western District of Washington, John C. Coughenour, J., 2007 WL 3228049, granted summary judgment in favor of Navy. Organization member appealed. The United States Court of Appeals for the Ninth Circuit, Richard C. Tallman, Circuit Judge, 575 F.3d 959, affirmed. Certiorari was granted. Holding: The Supreme Court, Justice Kagan, held that because FOIA exemption which protected from disclosure material “related solely to the internal personnel rules and practices of an agency” encompassed only records relating to employee relations and human resources issues, explosives maps and data requested did not qualify for withholding under that exemption; abrogating Crooker v. Bureau of Alcohol, Tobacco & Firearms, 670 F.2d 1051, Massey v. FBI, 3 F.3d 620, Kaganove v. EPA, 856 F.2d 884, Schiller v. NLRB, 964 F.2d 1205." Reversed and remanded.

National Labor Relations Board v. Robbins Tire & Rubber Co., 437 U.S. 214 (1978)

"The United States District Court for the Northern District of Alabama, ordered the National Labor Relations Board to turn over to employer copies of all written statements of witnesses to be called in unfair labor practice proceeding, and the Board appealed. The Court of Appeals, 563 F.2d 724, affirmed, and certiorari was granted. The Supreme Court, Mr. Justice Marshall, held that release of statements of witnesses whom National Labor Relations Board intends to call at hearing on unfair labor practice complaint necessarily “would interfere” with the Board's “enforcement proceedings” and thus Board is not required to disclose such statements prior to hearing." Judgment of Court of Appeals reversed.

Students Against Genocide v. Department of State, 257 F.3d 828 (2001). 

"Citizens' organizations and others brought Freedom of Information Act (FOIA) action seeking information from government agencies regarding human rights violations by Bosnian Serb forces in Srebrenica area of Bosnia. The United States District Court for the District of Columbia, KollarSrebrenica area of Bosnia. The United States District Court for the District of Columbia, KollarKollar-KotellyKotelly, J., entered summary judgment for agencies, adopting the opinion of Facciola, United States Magistrate Judge, 50 F.Supp.2d 20. Plaintiffs appealed. The Court of Appeals, Garland, Circuit Judge, held that: (1) release of some reconnaissance photographs displayed by Secretary of State to United Nations Security Council did not constitute waiver of right to withhold others in same series; (2) U.N. display did not constitute release of photographs into public domain; (3) State Department conducted adequate responsive search; (4) National Security Agency (NSA) sufficiently justified application of national defense Freedom of Information Act (Facciola, United States Magistrate Judge, 50 F.Supp.2d 20. Plaintiffs appealed. The Court of Appeals, Garland, Circuit Judge, held that: (1) release of some reconnaissance photographs displayed by Secretary of State to United Nations Security Council did not constitute waiver of right to withhold others in same series; (2) U.N. display did not constitute release of photographs into public domain; (3) State Department conducted adequate responsive search; (4) National Security Agency (NSA) sufficiently justified application of national defense Freedom of Information Act (Facciola, United States Magistrate Judge, 50 F.Supp.2d 20. Plaintiffs appealed. The Court of Appeals, Garland, Circuit Judge, held that: (1) release of some reconnaissance photographs displayed by Secretary of State to United Nations Security Council did not constitute waiver of right to withhold others in same series; (2) U.N. display did not constitute release of photographs into public domain; (3) State Department conducted adequate responsive search; (4) National Security Agency (NSA) sufficiently justified application of national defense Freedom of Information Act (Facciola, United States Magistrate Judge, 50 F.Supp.2d 20. Plaintiffs appealed. The Court of Appeals, Garland, Circuit Judge, held that: (1) release of some reconnaissance photographs displayed by Secretary of State to United Nations Security Council did not constitute waiver of right to withhold others in same series; (2) U.N. display did not constitute release of photographs into public domain; (3) State Department conducted adequate responsive search; (4) National Security Agency (NSA) sufficiently justified application of national defense Freedom of Information Act (FOIA) exemption; and (5) national defense and “exempted by statute” FOIA exemptions were applicable to Defense Intelligence Agency (DIA) memo." Affirmed in part and remanded in part.

Trea Senior Citizens League v. United States Dept. of State 994 F. Supp. 2d 23 (D.D.C. 2013).

 

"Background: Requestor filed suit against Department of State, under Freedom of Information Act (FOIA), seeking documents pertaining to international Social Security agreement, otherwise known as totalization agreement, between United States and Mexico. Government moved for summary judgment, and requestor cross-moved for partial summary judgment and requested second in camera review.
Holdings: The District Court, Beryl A. Howell, J., held that:
1 Department's status report required reexamination;
2 Department's draft of talking points required reexamination;
3 Department's authorization document was not exempt from disclosure; and
4 Social Security Administration's documents were not exempt from disclosure.
Motions granted in part and denied in part; request denied."
 

United States Department of Justice v. Reporters Committee for Freedom of the Press, 489 U.S. 749 (1989).

"Reporter and association of journalists sought protection of criminal records pursuant to Freedom of Information Act. The United States District Court for the District of Columbia, John Garrett Penn, J., entered summary judgment dismissing suit, and reporter and association appealed. The Court of Appeals, 816 F.2d 730, remanded, and petition was filed for rehearing. On rehearing, the Court of Appeals, Silberman, Circuit Judge, 831 F.2d 1124, reversed and remanded. Certiorari was granted. The Supreme Court, Justice Stevens, held that disclosure of contents of FBI rap sheet to third party could reasonably be expected to constitute unwarranted invasion of personal privacy within meaning of law enforcement exemption of Freedom of Information Act and was therefore prohibited by exemption." Silberman, Circuit Judge, 831 F.2d 1124, reversed and remanded. Certiorari was granted. The Supreme Court, Justice Stevens, held that disclosure of contents of FBI rap sheet to third party could reasonably be expected to constitute unwarranted invasion of personal privacy within meaning of law enforcement exemption of Freedom of Information Act and was therefore prohibited by exemption." Silberman, Circuit Judge, 831 F.2d 1124, reversed and remanded. Certiorari was granted. The Supreme Court, Justice Stevens, held that disclosure of contents of FBI rap sheet to third party could reasonably be expected to constitute unwarranted invasion of personal privacy within meaning of law enforcement exemption of Freedom of Information Act and was therefore prohibited by exemption." Silberman, Circuit Judge, 831 F.2d 1124, reversed and remanded. Certiorari was granted. The Supreme Court, Justice Stevens, held that disclosure of contents of FBI rap sheet to third party could reasonably be expected to constitute unwarranted invasion of personal privacy within meaning of law enforcement exemption of Freedom of Information Act and was therefore prohibited by exemption." Reversed.

 

Treatises and Books

A Culture of Secrecy: The Government Versus the People's Right to Know (Athan G. Theoharis ed., 1998). KSL Stacks JK468.S4C85 1998.

Jason Ross Arnold, Secrecy in the Sunshine Era: The Promise and Failures of U.S. Open Government Laws (2014). Law Library KF 5753 .A976 2014.

Patrick Birkinshaw, Freedom of Information: The Law, The Practice and the Ideal, (4th ed., 2010). EBook Central. (CWRU Users Only). 

Daniel L. Brenner & William L. Brenner, Free but Regulated: Conflicting Traditions in Media Law (1982). Law Library KF2750.A75F73.

Michael P. Colaresi, Democracy Declassified: The Secrecy Dilemma in National Security (2014). Law Library JF1525.S4C64 2014.

Benjamin W. Cramer, Freedom of Environmental Information (2011). EBSCOHost eBook Collection. (CWRU Law Users Only). 

Federal Open Government Guide (Corinna J. Zarek, ed., 10th ed., 2009). Web version.

Steven W. Feldman, 1 West's Federal Administrative Practice,  Chapter 17A: Public Access to Information §§ 706 - 710 (4th ed., 1999-date). 

Herbert N. Foerstel, Freedom of Information and the Right to Know: The Origins and Applications of the Freedom of Information Act (1999). Law Library KF5753 .F64 1999. Also available: EBook Central eBook. (CWRU Users Only).

P. Stephen Gidiere III, The Federal Information Manual: How the Government Collects, Manages, and Discloses Information under FOIA and Other Statutes (2d ed., 2013). Law Library KF5753 .G53 2013. Westlaw.

Frank G. Houdek, The Freedom of Information Act: A Comprehensive Bibliography of Law-Related Materials (3d ed., 1985). HeinOnline.

Charles H. Koch, Jr. and Richard Murphy, Administrative Law and Practice (Updated 2017). Westlaw.

Litigation Under the Federal Freedom of Information Act and Privacy Act (Allan Adler, 15th ed., 1990). 15th ed., 1990). Law Library KF5753.L57 1990

David M. O’Brien, The Public’s Right to Know: The Supreme Court and the First Amendment (1981). Law Library KF5753 .O24

James T. O'Reilly, O'Reilly, Federal Information Disclosure Freedom of Information and the Right to Know: The Origins of Applications of the FOIA (2012 - date). Westlaw.

Richard J. Pierce, Jr., Administrative Law Treatise, Chapter 5: The Freedom of Information Act and Other Open Government Acts 335-399 (5th ed., 2010-date). (3 volumes). Law Library KF5402.D32 2010.

Alasdair Scott Roberts, Blacked Out: Government Secrecy in the Information Age (2006). Law Library JF1525.S4R17 2006.

Michael Schudson, The Rise of the Right to Know: Politics and the Culture of Transparency, 1945-1975 (2015). Law Library KF4774.S339 2015.

United States. Department of Justice. Freedom of Information Act Guide & Privacy Act Overview (2014 ed.). HeinOnline.

United States. House of Representatives. Committee on Government Reform, A Citizen's Guide on Using the Freedom of Information Act and the Privacy Act of 1974 to Request Government Records (2005). GPO.

Your Right to Federal Records: Questions and Answers on the Freedom of Information Act and the Privacy Act (2006). GPO.

 

SUBJECT HEADINGS FOR LOCATING ADDITIONAL TITLES

Freedom of Information -- United States
Freedom of Information -- United States -- Case Studies
Government Information -- United States
Government information -- United States -- Case Studies
Public records -- Access control -- United States
United States. Freedom of Information Act

Selected Articles

 

Martin E. Halstuk, When is an Invasion of Privacy Unwarranted Under the FOIA? An Analysis of the Supreme Court's Sufficient Reason and Presumption of Legitimacy Standards, 16 U. Fla. J.L. & Pub. Pol'y 361-400 (2005).

Michael Herz, Law Lags Behind: FOIA and Affirmative Disclosure of Information, 7 Cardozo Pub. L. Pol'y & Ethics J. 577-598 (2008-2009).

David L. Hudson, 50 Years Later, Freedom of Information Act Still Chipping Away at Government's Secretive Culture, ABA J., Jul. 2016, at 2.

Seth F. Kreimer, Rays of Sunlight in a Shadow "War": FOIA, The Abuses of Anti-Terrorism, and the Strategy of Transparency, 11 Lewis & Clark L. Rev. 1141-1220 (2007)

Lauren Kurtz, The Application of Open Records Laws to Publicly Funded Science,  31 Nat. Resources & Env't 3-6 (2017).

Luis Kutner, Freedom of Information: Due Process of the Right to Know, 18 Cath. Law. 50-66 (2017).

Margaret B. Kwoka, Deferring to Secrecy, 54 B.C. L. Rev. 185-242  (2013).

Margaret B. Kwoka, FOIA, INC., 65 Duke L. J. 1361-1438 (2013).

Margaret B. Kwoka, The Freedom of Information Act Trial, 61 Am. U.L. Rev. 217-278 (2011).

Sen. Patrick Leahy, The Electronic FOIA Amendments of 1996: Reformatting the FOIA for On-Line Access, 50 Admin. L. Rev. 339-344 (1998).

Bruce P. Montgomery, Congressional Oversight: Vice President Richard B. Cheney's Executive Branch Triumph, 120 Pol. Sci. Q. 581-617 (2005-2006).

Henry H. Perritt, Jr., Electronic Freedom of Information, 50 Admin. L. Rev. 391-420 (1998)

David E. Pozen, Freedom of Information Beyond the Freedom of Information Act, 165 U. Pa. L. Rev. 1097-158 (2016-2017).

Joe Regalia, The Common Law Right to Information18 Rich. J.L. & Pub. Int. 89-132 (2015).

Jeannine E. Reilly & Meghna Sabharwal, Perceptions of Transparency of Government Policymaking: A Cross-National Study, 26 Gov't. Info. Q. 148-157 (2009).

Michael A. Rodgers, Freedom of Information Act Requests: Six Keys to Handling Them, Defense AT&L, Jan-Feb. 2016, at 50-52.

Mark Rumold, The Freedom of Information Act and the Fight Against Secret (Surveillance) Law, 55 Santa Clara L. Rev. 161-186 (2015).

Daniel J. Solove, Access and Aggregation: Public Records, Privacy and the Constitution, 86 Minn. L. Rev. 1137 (2002).

Devon S. Schindler, Between Safety and Transparency: Prior Restraints, FOIA, and the Power of the Executive38 Hastings Const. L.Q. 1 (2010).

William R. Sherman, The Deliberation Paradox and Administrative Law, 2015 BYU L. Rev. 413-469.

Carol Shockley, The Federal Presentence Investigative Report: Postsentence Disclosure under the Freedom of Information Act, 40 Admin. L. Rev. 79-119 (1988).

Milena Sterio, The Covert Use of Drones: How Secrecy Undermines Oversight and Accountability, 8 Alb. Gov't L. Rev. 129-165 (2015).

Laurence Tai, Fast Fixes for FOIA, 52 Harv. J. Legis. 455-507 (2015).

Nathan Freed Wessler, "[We] Can Neither Confirm nor Deny the Existence or Nonexistence of Records Responsive to Your Request": Reforming the Glomar Response Under FOIA,"  85 N.YU. L. Rev. 1381-1416 (2010)

Joseph F. Zimmerman,  Ethics in the Public Service, 14 State & Local Gov't Rev. 98-106 (1982).

 

 

Websites

CIA Electronic Reading Room. Last Visited May 26, 2017.

Electronic Privacy Information Center: FOIA Cases. Last Updated 2017. Last Visited May 18, 2017.

FOIA.Gov WebsiteLast Visited May 26, 2017.

Freedom of Information at 40, LBJ Refused Ceremony, Undercut Bill with Signing StatementPosted July 4, 2006. Last Visited May 18, 2017.

FOIA information: Reporters Committee for Freedom of the Press, Last Visited Jan. 14, 2021..

Open the Government: Americans for Less Secrecy, More Democracy. Last Visited, May 23, 2017. (Partners include: American Association of Law Libraries, American Library Association, American Society of News Editors, Association of Research Libraries, and more).

Project on Government Secrecy: Federation of American Scientists. Last Visited, May 23, 2017. 

Reporters Committee for Freedom of the Press. Federal Open Government Guide. Last Visited May 26, 2017.

United States. Central Intelligence Agency: Library: Freedom of Information Act Electronic Reading Room. Includes: How to Request and Check Status of FOIA Requests, Historical Collections (including   Declassifed   Documents Related to 9/11 Attacks, and Intelligence Literature: Suggested Reading List.

United States Department of Defense. Office of the Secretary of Defense and Joint Staff Freedom of Information Act Requester Service Center.  Last Visited May 26, 2017.

United States.Department of Justice FOIA website. Last Visited May 26, 2017.

Department of Justice Guide to the Freedom of Information Act. Last Visited May 26, 2017.

FOIA Administrative and Legal Contacts at Federal Agencies. Last Visited May 26, 2017.

Make a FOIA Request to DOJ. Last Visited May 26, 2017.

FOIA Update: FOIA Supreme Court History. Last Updated August 13, 2014. Last Visited May 18, 2017.

United States. Department of State. Freedom of Information Act (FOIA) website. Last Visited May 26, 2017.

United States. Homeland Security. Freedom of Information Act (FOIA) website. Last Visited May 26, 2017.

United States. National Archives. Freedom of Information Act website. Last Visited May 26, 2017.

 

Making a Freedom of Information Act (FOIA) request is complicated and takes time.  Use the resources of the following agencies and organizations to make your request as strong as possible.  Use the resources on the Declassified Documents page of this guide to verify that the documents you need have not already been released.

Selected News and Blog Sources

Subscription Resources

CQ Weekly Online Edition (CQ Magazine).  An authoritative source for Congressional reporting. Browse by subject, decade or a particular year's table of contents. Summarizes each act of Congress. (CWRU subscription covers 1983-present). (CWRU Users Only). 

Blogs

The FOIA Blog: Everything FOIA (and Government Disclosure).  Written by Washington D.C. based FOIA attorney, Scott A. Hodes. Mr. Hodes worked for the federal government for over a decade. While working for the FBI from 1998 to 2002, Mr. Hodes was the Acting Unit Chief of the Freedom of Information/Privacy Act Section's Litigation Unit and was a Top Secret Classification authority. He also frequently writes on FOIA matters for the Sabrina Pacifica's LLRX.com.

The FOIA Project: Freeing Information Through Public Accountability.  The FOIA project is being developed by the Transactional Records Access Clearinghouse (TRAC) with support from Syracuse University, donor gifts, and grants. The project's "goal is to provide the public with timely and complete information about every instance in which the federal government grants or withholds records under the Freedom of Information Act (FOIA). Updated daily, this “FOIA accountability engine” now includes detailed information on every case that challenges government withholding in federal court. And we have started expanding coverage to decisions on FOIA administrative requests on an agency-by-agency basis." It also tracks FOIA Lawsuits, often providing links to docket documents.

News Articles

Gregory Gethard, EPA Must Give Utility Company More FOIA Documents, Judge Says (D. Colo.), WESTLAW Energy and Environment Daily Briefing,  2014 WL 152529.

Michael Phillis, Enviro Group Sues Agencies for Climate Denial Records, Law360 (Lexis Advance). (CWRU Law Users Only).
 
Charlie Savage, N.S.A. Curtails Email Spying Across Border, N.Y. Times, Apr. 29, 2017, at A1.
 
Zoe Tillman, D.C. Federal Judges Play Outsized Role Nationally in FOIA Actions; Venue is Most Popular for Public-Records Suits-Including One Over Clinton's Emails, Natl. L. J., Apr. 6, 2015. (Online). (Lexis Advance).
 
John Wagner, Trump Will Keep List of White House Visitors Secret, Wash. Post, Apr. 16, 2017, at A04.

Other Secondary Resources

Selected American Law Reports  (A.L.R.) Annotations Related to FOIA Requests

American Law Reports annotations are useful for identifying the extensive varieties of cases on specific legal issues. Listed below are annotations related to FOIA exemptions and other legal issues.

(The ALR databases are made current by the weekly addition of relevant new cases)

Alois Valerian Gross, Annotation, Who Has Standing to Seek Access to Agency Information Under Freedom of Information Act, 82 A.L.R. 248 (1987). 

Lawrence Kaplan, Annotation, What Constitutes "Trade Secrets and Commercial or Financial Information Obtained from Person or Privileged or Confidential," Exempt from Disclosure Under Freedom of Information Act (5 U.S.C.A. § 552 (b)(4) (FOIA), 139 A.L.R. Fed. 225 (1997).

Richard E. Kaye, Annotation, Construction and Application of Freedom of Information Act Provision (5 U.S.C.A. § 552 (a)(4)(E) Concerning Award of Attorney's Fees and Other Litigation Costs, 179 A.L.R. Fed. 1 (2002). 

Kurtis A. Kemper, Annotation, Construction and Application of Public Domain Doctrine Allowing Courts to Disregard FOIA Law Enforcement Exemption Based on Prior Release of Requested Records, 3 A.L.R. Fed. 3d Art. 5 (2015).

James Lockhart, Annotation, What Constitutes "Confidential Source" Within Freedom of Information Act Exemption Permitting Nondisclosure of Confidential Source and, in Some Instances, of Information Furnished by Confidential Source (5 U.S.C.A. § 552(b)(7)(D), 171 A.L.R. Fed, 193 (2001).

James O. Pearson, Jr., Annotation, What Constitutes "Unwarranted Invasion of Personal Privacy" for Purposes of Law Enforcement Investigatory Records Exemption of Freedom of Information Act (5 U.S.C.A. § 552 (b)(7)(C)), 52 A.L.R. Fed. 181 (1981).

Marjorie A. Shields, Annotation, Construction and Application of Public Interest Fee Waiver Provision of Freedom of Information Act (FOIA), 5 U.S.C.A. § 552(a)(4)(A)(iii),  47 A.L.R. Fed. 2d 263 (2010).

Marjorie A. Shields, Annotation, What Are "Records" of Agency Which Must Be Made Available Under Freedom of Information Act (5 U.S.C.A. § 552 (a)(3), 153 A.L.R. Fed. 571 (1999).

Shauna Cully Wagner, Annotation, Use of Affidavits to Substantiate Federal Agency's Claim of Exemption from Request for Documents Under Freedom of Information Act (5 U.S.C.A. § 552), 187 A.L.R. Fed.1 (2003).

JoAnn F. Wasil, Annotation, Exhaustion of Administrative Remedies as Prerequisite to Judicial Action to Compel Disclosure Under Freedom of Information Act (FOIA) (5 U.S.C.A. § 552), 112 A.L.R. Fed. 561 (1993). 

Phiip White Jr., Annotation, Requests for Expedited Processing Under the Freedom of Information Act, 4 A.L.R. Fed. 2d 337 (2005).

Ann K. Wooster, Annotation, Actions Brought Under Freedom of Information Act5 U.S.C.A. §§ 552 et seq. --Supreme Court Cases, 167  A.L.R. Fed. 545 (2001).

Ann K. Wooster, Annotation, What Are Interagency or Intra-agency Memorandums or Letters Exempt from Disclosure under Freedom of Information Act (5 U.S.C.A. § 552(b)(5)), 168 A.L.R. 143 (2001).

Jay M. Zitter, Annotation, Construction and Application of CIA Information Act's Operational Files Exemption from Freedom of Information Act (FOIA) Requirements, 50 U.S.C.A. § 431, 7 A.L.R. Fed. 2d 395 (2005).

Other Litigation Related Resources 

Monique C.M. Leahy, Proof Supporting Disclosure Under State Freedom of Information Acts, 132 Am. Jur. Proof of Facts 3d 1 (2013).

Elizabeth O'Connor Tomlinson, Litigation Under Freedom of Information Act, 110 Am. Jur. Trials 367 (2008).