We Are Beginning To See Effects Of High Court FOIA Ruling
By Kevin Barnett & Nooree Lee, Law360, Aug. 25, 2020
It has been a year since the U. S. Supreme Court's Food Marketing Institute v. Argus Leader Media crafted a new standard for determining confidential information exempt from disclosure under Freedom of Information Act Exemption 4.
Trial courts have started to weigh in on how the decision will impact the FOIA landscape. From these early decisions, three trends have emerged: (1) courts have protected more information than previously protected; (2) courts have required agencies to show confidentiality using much the same information required under the old standard; and (3) courts have been reluctant to tackle open questions about whether to require agencies. . .
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