Biden’s legacy: Leaving FOIA in shambles

AP Illustration
The Freedom of Information Act gives the public a right to access government records.
The Freedom of Information Act is supposed to shed light on government activity by giving journalists and the public access to government records. But the law is in shambles. From endless delays in response time and unjustified refusals to ridiculously overbroad redactions, FOIA is plagued with problems.
We must fight back against the government’s refusal to comply with FOIA and urge Congress to reform the law and end backlogs of requests, reduce the number of exemptions, and overturn damaging court decisions.
Agencies misuse exemptions to cause delay and expense.
Lawmakers called for modernization and an answer to a “basic question about how FOIA is operating in the context of new technology.”
The fight to free PACER, the federally managed database of public court records that has sat behind a paywall since its inception, has stretched on for more than a decade now. These efforts may finally pay off in 2022 with a bill poised for the Senate floor that achieves many of the aims of the "free PACER" movement.
Ten years ago, a powerful online activism campaign against the proposed Stop Online Piracy Act stopped the bill in its tracks, much to the surprise of the lobbyists and legislators who had considered its passage inevitable. Led by grassroots organizers and civil liberties groups, sites big and small “went dark” for the day in a “blackout” designed to draw attention to the issue and direct calls to Washington.
Legislative Branch records don’t receive the kind of public scrutiny the Freedom of Information Act brings to the Executive, but that could change thanks to a novel lawsuit over video records related to the January 6 riot at the Capitol.
In the past two months, lawmakers in Florida and New Jersey have advanced misguided proposals that would effectively classify assaults on journalists as hate crimes. These proposals would do little to fix the underlying issues and would likely create a host of new problems.
As we come to the end of Sunshine Week — the long-running annual initiative focusing on government transparency — we're taking a look at how the first few months of the Biden administration have shaped up on that front.
The unfolding story of the Daniel Prude case has been a testament to the importance of transparency laws in police accountability. Across New York State, police departments and unions have resisted those efforts.
The Supreme Court will take the unprecedented step of broadcasting its oral arguments for two weeks beginning today, enacting in response to the coronavirus pandemic a measure that government transparency advocates have demanded for years.
Government agencies from the local to federal level are failing to live up to their legal transparency obligations even as the stakes for access to relevant information are at an all-time high.