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Op-Ed: SCOTUS should uphold competitive harm test

Will corporations decide what information the public gets?

By Thomas Sussman & Lisa Rosenberg, The Hill, June 3, 2019

Recently, the Supreme Court heard oral arguments in a case that will probably fly under most people’s radar, but which may have dire consequences for the public, the press and even the free market.

The case, Food Marketing Institute (FMI) v. Argus Leader, began eight years ago when a reporter for the Argus Leader, a South Dakota newspaper, submitted a Freedom of Information Act request to the U.S. Department of Agriculture asking for information about revenue that retailers receive from the Supplemental Nutrition Assistance Program (SNAP), the federal food stamp program paid for by taxpayers.

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