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FOIA News: SCOTUS strikes down D.C. Circuit's Exemption 4 test

Supreme Court limits access to government records in loss for Argus Leader, part of the USA TODAY Network

Jonathan Ellis & Richard Wolf, USA TODAY, June 24, 2019

The Supreme Court limited public and media access to government records Monday by expanding a federal law's definition of what can be deemed confidential.

At issue was whether confidentiality, as used in a section of the Freedom of Information Act, means anything intended to be kept secret or only information likely to cause harm if publicized. The high court adopted the broader definition.

Associate Justice Neil Gorsuch wrote the 6-3 decision, with Justices Stephen Breyer, Ruth Bader Ginsburg and Sonia Sotomayor dissenting.

Read more here.

Copy of decision here.

[ALB comment: Bad result, correct decision. Congress should amend the statute]