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.
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.
A recent federal appeals court ruling may be a big win for data journalists and researchers who depend on scraping to collect information to report on.
Recent courtroom wins in California have led to the release of new police shooting records under a new transparency law, but some government agencies have been resisting compliance.
Any time a government agency orders documents that were obtained legally to be returned or destroyed is a threat to freedom of information and constitutional rights of reporters everywhere.
'It's either the case that the Attorney General of California is ... suggesting he can [prosecute] just to intimidate those journalists—or that he doesn't know what California law says. I don't find either option very comforting.'
Reporters obtained a list of police convictions through a public records request. California’s Attorney General, claiming its mere possession is a misdemeanor crime, is threatening them with legal action.
During Trump’s 35 day partial government shutdown—the longest in history—FOIA requests and FOIA litigation ground to a halt.
Every time a government agent impersonates a journalist to conduct its own investigation, they are putting countless real journalists at risk. The FBI has engaged in the practice for years while keeping its policies a secret, but thanks to documents released as part of a FOIA lawsuit by Reporters Committee for Freedom of the Press, we now know a little more.