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DonViejo

(60,536 posts)
Mon Apr 29, 2013, 08:10 PM Apr 2013

Supreme Court: States Can Limit Freedom Of Information Requests To Their Own Residents

Source: AP/TPM

JESSE J. HOLLAND APRIL 29, 2013, 12:45 PM
WASHINGTON (AP) — The Supreme Court ruled Monday that it’s legal for a state to limit use of its Freedom of Information Act to its own residents.

The court unanimously upheld a federal appeals court decision validating Virginia’s limitation of its FOIA law to state citizens and some media outlets.

In the case before the court, Rhode Island resident Mark J. McBurney and California resident Roger W. Hurlbert were suing Virginia for blocking them from getting public documents in Virginia that in-state citizens could have easily obtained. Virginia’s FOIA law limits access to state citizens and some media outlets.

McBurney and Hurlbert, along with data and media companies, challenged the state FOIA law under the Constitution’s Privileges and Immunities Clause — which prohibits states from discriminating against out-of-staters in favor of its own citizens — and the Commerce Clause, which prohibits discrimination against interstate commerce. Hurlbert owns Sage Information Services, which obtains public real estate assessments for private clients. McBurney, a former Virginia resident, wanted to get documents from a Virginia child welfare agency involving a child support petition from his divorce from his wife.

-snip-

Read more: http://talkingpointsmemo.com/news/supreme-court-states-can-limit-freedom-of-information-requests-to-their-own-residents.php?ref=fpb

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Supreme Court: States Can Limit Freedom Of Information Requests To Their Own Residents (Original Post) DonViejo Apr 2013 OP
I'm no lawyer, but it sounds pretty fucked up... immoderate Apr 2013 #1
I'm no lawyer, but is sounds WONDERFUL... OneAngryDemocrat Apr 2013 #2
No they can't. The SCOTUS says thats protected free speech. McCamy Taylor Apr 2013 #3
I'm Aware of Citizens United... OneAngryDemocrat Apr 2013 #5
Wait for the off-shoring of records. BadgerKid Apr 2013 #4
Exactly! AnotherMcIntosh Apr 2013 #7
I'm not quite sure where I fall on this issue... Veilex Apr 2013 #6
Its a near non-issue Sgent Apr 2013 #8
. blkmusclmachine Apr 2013 #9
 

immoderate

(20,885 posts)
1. I'm no lawyer, but it sounds pretty fucked up...
Mon Apr 29, 2013, 08:24 PM
Apr 2013

What will it accomplish? A new industry of people who perform as FOIA proxies to liberate the info?

Do you have to live in a state to find our what they're holding on you? Doesn't make much sense.

--imm

OneAngryDemocrat

(2,060 posts)
2. I'm no lawyer, but is sounds WONDERFUL...
Mon Apr 29, 2013, 08:27 PM
Apr 2013

If a state can prohibit out-of-state FOIA requests, I bet individual states could ban out-of-state contributions to state elections, too.

OneAngryDemocrat

(2,060 posts)
5. I'm Aware of Citizens United...
Mon Apr 29, 2013, 10:04 PM
Apr 2013

This ruling regarding FOIA requests compliments the ruling in Citizens United (instead of directly contradicting it) by stating unequivocally that only residents of a state have an interest in a state's business, i.e., under Citizens United, a state may prohibit non-residents from participating in the elections of a state.

I see an opening to curtail CU's broad ramifications, and reign it in.

BadgerKid

(4,549 posts)
4. Wait for the off-shoring of records.
Mon Apr 29, 2013, 09:18 PM
Apr 2013

What? You don't have residency in the Cayman Islands? Sorry, really wish we would accommodate your request. Have a nice day.


 

Veilex

(1,555 posts)
6. I'm not quite sure where I fall on this issue...
Mon Apr 29, 2013, 10:13 PM
Apr 2013

I can understand limiting FOIA requests on individuals who reside in another state... I kinda see that as a privacy rights issue, but at the same time, if something has been made part of the Public Record... I cant see where accessing that kind of information should be a problem. Hmmm

Sgent

(5,857 posts)
8. Its a near non-issue
Tue Apr 30, 2013, 05:30 AM
Apr 2013

in most states you can form an LLC or corporation which can then request the records as a state resident -- remember, a Virginia corporation is a VA resident for legal purposes.

Yea, it will cost a little bit more, but for larger organizations / requesters its a road-block.

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