Recent judicial decisions enable broader application of FOIA exemptions.

Evidence

One means of doing so would be an amendment to FOIA requiring agencies and courts to balance the public’s interest in disclosure against the agency’s interest in secrecy when determining whether requested information falls within one of the act’s exemptions. — David E Pozen; Michael Schudson, Troubling Transparency- The History and…, 1145 (#complicates, via linked claim)

One of the more important developments noted in this study since adoption of the U.S. FOIA is the trend toward constitutional protection for RTI. This parallels international developments, whereby RTI has been recognized by authoritative international sources as a human right. — David E Pozen; Michael Schudson, Troubling Transparency- The History and…, 1327 (#contradicts, via linked claim)

Categorization

• corroborated: 2 independent passages support this claim
• XREF: connects to: The percentage of FOIA requests denied has significantly increased over time. — David E Pozen; Michael Schudson, Troubling Transparency- The History and…, 1125; FOIA’s status affects its effectiveness in promoting transparency. — David E Pozen; Michael Schudson, Troubling Transparency- The History and…, 299; Commercial requests diminish the original democratic intent of FOIA. — David E Pozen; Michael Schudson, Troubling Transparency- The History and…, 353 (+10 more)

Related

• Public interest balancing could enhance FOIA’s effectiveness. (similarity 0.85)
• Increased judicial exemptions can lead to more FOIA request denials. (similarity 0.85)
• The percentage of FOIA requests denied has significantly increased over time. (similarity 0.84)
• Constitutional protection has strengthened rights to access information. (similarity 0.84)
• The rate of FOIA request denials has increased dramatically since its inception. (similarity 0.83)
• FOIA’s status affects its effectiveness in promoting transparency. (similarity 0.82)
• FOIA’s limitations challenge the assumption it can provide constitutional-like rights. (similarity 0.81)
• Proposed amendments to FOIA could improve public access to information. (similarity 0.81)
• The public interest balancing test is often limited by court decisions. (similarity 0.81)
• FOIA requires administrative capacity to hold government accountable. (similarity 0.80)
• FOI requests have led to significant government action. (similarity 0.79)
• FOIA’s future may require shrinking its operational framework. (similarity 0.79)

Library Connections

• Public interest balancing could enhance FOIA’s effectiveness. #complicates (0.75) — David E Pozen; Michael Schudson, Troubling Transparency- The History and…, 1145
• FOIA’s current impact on government democracy is increasingly questioned. #complicates (0.70)

Broader Connections

• Constitutional protection has strengthened rights to access information. #contradicts (0.70) — David E Pozen; Michael Schudson, Troubling Transparency- The History and…, 1327
• A legal principle emerges from a long line of decisions. #exemplifies (0.35) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 134