Freedom of Information Act

The Freedom of Information Act provides a right to access government records. The 1966 enactment of the FOIA created a right for the press and public to access government information, making that right judicially enforceable. Specifically, the FOIA provides access to federal agency records and "ensure[s] an informed citizenry, vital to the functioning of a democratic society, needed to check against corruption; holding governors accountable to the governed."

However, the goal of an informed citizenry and open government is often at odds with other public interests. For example, there are the interests of maintaining an efficient and effective government; in responsible use of limited resources; and in the preservation of the confidentiality of sensitive information. Thus, the FOIA seeks to accomplish "disclosure as the predominant objective," while protecting the other important interests. The FOIA shifts the burden of proof from the public to the agency when records are withheld from public scrutiny. Moreover, the purpose of the FOIA is to establish "a general philosophy of full agency disclosure unless information is exempt under delineated language" and to provide a court procedure "by which citizens and the press may obtain information."

Written by Jennifer Hayden, Law Librarian Fellow