Freedom of information in the United States
Encyclopedia
Freedom of information in the United States refers to the independent bodies of Freedom of information legislation
at the federal level and in the fifty states.
, signed into law on July 4, 1966 by President Lyndon Johnson.
, drafted by Alberto R. Gonzales and issued by George W. Bush
on November 1, 2001 is used to limit the FOIA by restricting access to the records of former presidents.
Executive Order 13392: Improving Agency Disclosure of Information
The Reno Memohttp://www.usdoj.gov/oip/foia_updates/Vol_XIV_3/page3.htm established a "presumption" in favor of disclosure by providing that "it shall be the policy of the Department of Justice to defend the assertion of a FOIA exemption only in those cases where the agency reasonably foresees that disclosure would be harmful to an interest protected by that exemption." It encouraged all government agencies to review FOIA requests in a manner most favorable to openness and to release information, even though it might fall within one of the nine exemption categories, if no “foreseeable harm” would result from the disclosure. The goal was to achieve the “maximum responsible disclosure.”
On October 12, 2001, Attorney General (AG) John Ashcroft issued a policy memorandum on FOIA to all federal executive agencies. The AG declared the Department of Justice (DOJ) would defend agencies’ decisions to withhold documents from a FOIA requester under one of the statute's exemptions "unless they lack a sound legal basis or present an unwarranted risk of adverse impact on the ability of other agencies to protect other important records."
The Ashcroft Memorandum reversed the Reno standard. Agencies were told that in making discretionary FOIA decisions they should carefully consider the fundamental values behind the exemptions – national security, privacy, government’s interests, etc – and to lean in their favor whenever possible. The Ashcroft Memohttp://www.fas.org/sgp/foia/ashcroft.html with its "sound legal basis" standard encouraged (or at least seemed to support) greater use of FOIA exemptions by federal agency personnel.
The Ashcroft Memo was rescinded by Attorney General Eric Holder on March 14, 2009. The AG Holder Memo appears to have reinstated the Reno Memo standard and extends the policy. The policy of the executive branch is to be open, responsive, transparent, and accountable. The current memo encourages the maximum disclosure possible in discretionary exemptions and to whenever possible reasonably segregate exempt information and release the rest.
have some form of freedom of information legislation that governs documents at the state and local (cities, counties, school districts) level.
The provisions of these state laws vary significantly with respect to issues such as the time period within which an agency
must provide the requested documents, how much an agency is allowed to charge for providing documents, whether the state government provides an ombudsman
, whether the document requestor must give a reason for wanting the documents, and so on.
Among the most extensive are Florida's Sunshine Laws.
shortly after it became a state in 1848. A number of states passed their open records legislation in the 1970s in the wake of Watergate
.
was the first state to pass an open meetings law in 1967. While all of the other states also have such a law, their exact provisions vary; 41 states require advance notice of meetings, 37 states are required to take and publish minutes
of every meeting, and in 31 states actions or decisions are only recognized as official if decided upon during an open meeting.
Specific legislation may require that all government meetings be open to the public, or that written records be released upon request. The usual intent of these laws is to enable citizens and journalist
s to examine government activity to detect political corruption
, or to allow them to have input into government decisions that affect them. Many consider strong laws guaranteeing freedom of information to be vitally important to journalism, especially investigative journalism
.
In 2002, Investigative Reporters and Editors
, in conjunction with the Better Government Association, conducted a comparison of the relative strengths of each state's open records laws. Their overall conclusion noted, "Unfortunately, state FOI laws have proven to be almost uniformly weak and easy to undermine."
Freedom of information legislation
Freedom of information legislation comprises laws that guarantee access to data held by the state. They establish a "right-to-know" legal process by which requests may be made for government-held information, to be received freely or at minimal cost, barring standard exceptions...
at the federal level and in the fifty states.
Federal level
The federal government is bound by several laws intended to promote openness in government. However, these normally apply only to federal bodies, leaving many institutions exempt compared to their counterparts in other countries.Federal legislation
The most important was the Freedom of Information ActFreedom of Information Act (United States)
The Freedom of Information Act is a federal freedom of information law that allows for the full or partial disclosure of previously unreleased information and documents controlled by the United States government. The Act defines agency records subject to disclosure, outlines mandatory disclosure...
, signed into law on July 4, 1966 by President Lyndon Johnson.
- Administrative Procedure ActAdministrative Procedure ActThe Administrative Procedure Act , , is the United States federal law that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations. The APA also sets up a process for the United States federal courts to directly review...
PL 79-404; 1946 - Freedom of Information ActFreedom of Information Act (United States)The Freedom of Information Act is a federal freedom of information law that allows for the full or partial disclosure of previously unreleased information and documents controlled by the United States government. The Act defines agency records subject to disclosure, outlines mandatory disclosure...
PL 85-619; 1966 - Federal Advisory Committee ActFederal Advisory Committee ActThe Federal Advisory Committee Act is a United States federal law , which governs the behavior of federal advisory committees. There are now approximately 1,000 such committees...
PL 92-463; 1972 - Congressional Budget and Impoundment Control ActCongressional Budget and Impoundment Control Act of 1974The Congressional Budget and Impoundment Control Act of 1974 is a United States federal law that governs the role of the Congress in the United States budget process.-The Congressional budget process:...
PL 93-344; 1974 - Government in the Sunshine ActGovernment in the Sunshine ActThe Government in the Sunshine Act is a US law passed in 1976 which affects the operations of the federal government, Congress, Federal Commissions, and other legally constituted federal bodies...
PL 94-409; 1976 - Inspector General Act PL 95-452; 1978
- Ethics in Government ActEthics in Government ActThe Ethics in Government Act of 1978 is a United States federal law that was passed in the wake of the Nixon Watergate scandal and the Saturday Night Massacre. It created mandatory, public disclosure of financial and employment history of public officials and their immediate family...
PL 95-521; 1978 - Presidential Records ActPresidential Records ActThe Presidential Records Act of 1978, , is an Act of Congress of the United States governing the official records of Presidents and Vice Presidents created or received after January 20, 1981, and mandating the preservation of all presidential records...
PL 95-591; 1978
Miscellaneous Authorative Federal Sources
Executive Order 13233Executive Order 13233
Executive Order 13233 limited access to the records of former United States Presidents. It was drafted by then White House Counsel Alberto Gonzales and issued by George W. Bush on November 1, 2001...
, drafted by Alberto R. Gonzales and issued by George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
on November 1, 2001 is used to limit the FOIA by restricting access to the records of former presidents.
Executive Order 13392: Improving Agency Disclosure of Information
History
The Holder Memo is part of series of policy memos on how federal agencies should apply FOIA exemptions. Beginning in 1977 with Attorney General Griffin Bell, and continued by Attorney General William French Smith in 1981 and Attorney General Janet Reno in 1993, U.S. Dept. of Justice (DOJ) has announced how the executive branch should approach FOIA, its application, and DOJ's defense of agency's actions. In other words, DOJ’s position on when they would defend in a FOIA suit has seesawed for about the last three decades.Reno Memo
The Reno Memohttp://www.usdoj.gov/oip/foia_updates/Vol_XIV_3/page3.htm established a "presumption" in favor of disclosure by providing that "it shall be the policy of the Department of Justice to defend the assertion of a FOIA exemption only in those cases where the agency reasonably foresees that disclosure would be harmful to an interest protected by that exemption." It encouraged all government agencies to review FOIA requests in a manner most favorable to openness and to release information, even though it might fall within one of the nine exemption categories, if no “foreseeable harm” would result from the disclosure. The goal was to achieve the “maximum responsible disclosure.”
Ashcroft Memo
On October 12, 2001, Attorney General (AG) John Ashcroft issued a policy memorandum on FOIA to all federal executive agencies. The AG declared the Department of Justice (DOJ) would defend agencies’ decisions to withhold documents from a FOIA requester under one of the statute's exemptions "unless they lack a sound legal basis or present an unwarranted risk of adverse impact on the ability of other agencies to protect other important records."
The Ashcroft Memorandum reversed the Reno standard. Agencies were told that in making discretionary FOIA decisions they should carefully consider the fundamental values behind the exemptions – national security, privacy, government’s interests, etc – and to lean in their favor whenever possible. The Ashcroft Memohttp://www.fas.org/sgp/foia/ashcroft.html with its "sound legal basis" standard encouraged (or at least seemed to support) greater use of FOIA exemptions by federal agency personnel.
AG Holder Memo
The Ashcroft Memo was rescinded by Attorney General Eric Holder on March 14, 2009. The AG Holder Memo appears to have reinstated the Reno Memo standard and extends the policy. The policy of the executive branch is to be open, responsive, transparent, and accountable. The current memo encourages the maximum disclosure possible in discretionary exemptions and to whenever possible reasonably segregate exempt information and release the rest.
State legislation
All 50 states, the District of Columbia, and some territoriesUnited States territory
United States territory is any extent of region under the jurisdiction of the federal government of the United States, including all waters including all U.S. Naval carriers. The United States has traditionally proclaimed the sovereign rights for exploring, exploiting, conserving, and managing its...
have some form of freedom of information legislation that governs documents at the state and local (cities, counties, school districts) level.
The provisions of these state laws vary significantly with respect to issues such as the time period within which an agency
Government agency
A government or state agency is a permanent or semi-permanent organization in the machinery of government that is responsible for the oversight and administration of specific functions, such as an intelligence agency. There is a notable variety of agency types...
must provide the requested documents, how much an agency is allowed to charge for providing documents, whether the state government provides an ombudsman
Ombudsman
An ombudsman is a person who acts as a trusted intermediary between an organization and some internal or external constituency while representing not only but mostly the broad scope of constituent interests...
, whether the document requestor must give a reason for wanting the documents, and so on.
Among the most extensive are Florida's Sunshine Laws.
Open records
The first open records law was passed in WisconsinWisconsin
Wisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is...
shortly after it became a state in 1848. A number of states passed their open records legislation in the 1970s in the wake of Watergate
Watergate scandal
The Watergate scandal was a political scandal during the 1970s in the United States resulting from the break-in of the Democratic National Committee headquarters at the Watergate office complex in Washington, D.C., and the Nixon administration's attempted cover-up of its involvement...
.
Open meetings
FloridaFlorida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
was the first state to pass an open meetings law in 1967. While all of the other states also have such a law, their exact provisions vary; 41 states require advance notice of meetings, 37 states are required to take and publish minutes
Minutes
Minutes, also known as protocols, are the instant written record of a meeting or hearing. They typically describe the events of the meeting, starting with a list of attendees, a statement of the issues considered by the participants, and related responses or decisions for the issues.Minutes may be...
of every meeting, and in 31 states actions or decisions are only recognized as official if decided upon during an open meeting.
Specific legislation may require that all government meetings be open to the public, or that written records be released upon request. The usual intent of these laws is to enable citizens and journalist
Journalist
A journalist collects and distributes news and other information. A journalist's work is referred to as journalism.A reporter is a type of journalist who researchs, writes, and reports on information to be presented in mass media, including print media , electronic media , and digital media A...
s to examine government activity to detect political corruption
Political corruption
Political corruption is the use of legislated powers by government officials for illegitimate private gain. Misuse of government power for other purposes, such as repression of political opponents and general police brutality, is not considered political corruption. Neither are illegal acts by...
, or to allow them to have input into government decisions that affect them. Many consider strong laws guaranteeing freedom of information to be vitally important to journalism, especially investigative journalism
Investigative journalism
Investigative journalism is a form of journalism in which reporters deeply investigate a single topic of interest, often involving crime, political corruption, or corporate wrongdoing. An investigative journalist may spend months or years researching and preparing a report. Investigative journalism...
.
In 2002, Investigative Reporters and Editors
Investigative Reporters and Editors
Investigative Reporters and Editors, Inc. is a nonprofit organization that focuses on the quality of investigative reporting. Formed in 1975, it presents the IRE Awards and holds conferences and training classes for journalists. Its headquarters is in Columbia, Missouri, at the University of...
, in conjunction with the Better Government Association, conducted a comparison of the relative strengths of each state's open records laws. Their overall conclusion noted, "Unfortunately, state FOI laws have proven to be almost uniformly weak and easy to undermine."
Freedom of information by state
Information on FOI in various states is to be found in http://www.rcfp.org/ogg/index.php, also a good source for creating new articles.- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
U.S.
- The U.S. Reclassification Program
- Commission on Protecting and Reducing Government Secrecy
- NSA warrantless surveillance controversyNSA warrantless surveillance controversyThe NSA warrantless surveillance controversy concerns surveillance of persons within the United States during the collection of foreign intelligence by the U.S. National Security Agency as part of the war on terror...
- USA PATRIOT ActUSA PATRIOT ActThe USA PATRIOT Act is an Act of the U.S. Congress that was signed into law by President George W. Bush on October 26, 2001...
- United States v. ReynoldsUnited States v. ReynoldsUnited States v. Reynolds, , is a landmark legal case in 1953 that saw the formal recognition of State Secrets Privilege, a judicially recognized extension of presidential power.- Overview :...
External links
- Cross-state comparison of FOIA laws
- The WikiFOIA
- The Freedom of Information Center at the University of Missouri
- The Marion Brechner Citizen Access Project at the College of Journalism and Communications at the University of Florida
- The Open Government Guide of the Reporters Committee for the Freedom of the Press.
- The National Freedom of Information Coalition
- Read Congressional Research Service (CRS) Reports regarding the Freedom of Information Act
- U.S. Dept of Justice FOIA Guide
- U.S. list of Federal FOIA Contacts