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 its 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 Virginias 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. Virginias 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 Constitutions 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.
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Read more: http://talkingpointsmemo.com/news/supreme-court-states-can-limit-freedom-of-information-requests-to-their-own-residents.php?ref=fpb
immoderate
(20,885 posts)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)If a state can prohibit out-of-state FOIA requests, I bet individual states could ban out-of-state contributions to state elections, too.
McCamy Taylor
(19,240 posts)OneAngryDemocrat
(2,060 posts)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)What? You don't have residency in the Cayman Islands? Sorry, really wish we would accommodate your request. Have a nice day.
AnotherMcIntosh
(11,064 posts)Veilex
(1,555 posts)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)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.
blkmusclmachine
(16,149 posts).