FOIA Advisor

Court opinion issued May 20, 2016

Court Opinions (2015-16)Allan BlutsteinComment

Sack v. U.S. Dep't of Def. (D.C. Cir.) -- reversing district court's holding that a Ph.D. student was ineligible for reduced FOIA fees as an "education institution."  In reaching its ruling, the D.C. Circuit stated that the government's distinction between teachers -- who are eligible for reduced fees under OMB's 1987 fee guidance -- and students was "entirely unexplained and unpersuasive."  With respect to the polygraph records requested by plaintiff, the D.C. Circuit affirmed the district's decision that such records were protected from disclosure under Exemption 7(E). 

Summaries of all opinions issued since April 2015 available here