FOIA Advisor

FOIA News: Stars and Stripes still there; DOD regulation no longer gallantly streaming

FOIA News (2026)Allan BlutsteinComment

The Department of Defense is removing a 1994 regulation governing its Stars and Stripes newspaper operations after determining that the rule addresses only internal policies and procedures and is unnecessary for public regulation; those matters will instead continue to be governed by DoD Directive 5122.11, according to a Federal Register notice published on January 15, 2026 (and effective immediately). Although DoD proposed updating the rule in April 2024 and received 91 public comments—most, but not all, supportive of Stars and Stripes and largely focused on issues such as FOIA access, facility access, and the republication of materials—the Department concluded that these concerns are more appropriately handled through internal directives rather than notice-and-comment rulemaking.