#10 Freedom of Information Act

     McBurney v. Young Freedom of Information Act Case

    The Freedom of Information Act was created to seek information from the government if or when citizens felt that the government was withholding information that is critical for certain situations. This law was enacted to make sure our government remained ethical and keep us updated with government's records. This allows the government to keep open conversation about personal records that the public wants to see. Since 1967, the Freedom of Information Act (FOIA) has provided the public the right to request access to records from any federal agency. It is often described as the law that keeps citizens in the know about their government. Federal agencies are required to disclose any information requested under the FOIA unless it falls under one of nine exemptions which protect interests such as personal privacy, national security, and law enforcement (https://www.foia.gov/about.html). 

    Journalists and reporters can appreciate this law a lot because it allows them to have access to information to release for a story or an article. It also lets take a look or peek into the government and make sure they are abiding by the law as well. It authorizes us to know that we as citizens have a hand in government's affairs and that it is concealed without our knowledge. With a great amount of access to personal records also comes  some restrictions too. There are exceptions to where the government can't reveal secret information that could put the government and public at risk. Enacted into the law are exemptions where the public is not allowed access to. One of the biggest exemptions of the law is access to personal privacy, privileged communications, and law enforcement interests. With these exemptions, sometimes the line is blurred between withholding information or following the rules according to the Freedom of Information Act. Since 1967, there have been 9 Freedom of Information court cases that have publicized. One of the most famous cases of Freedom of Information Act is McBurney v. Young.

    The case started in 2013 and was a case of child support enforcement. Mark McBurney is a citizen of Rhode Island and a former resident of Virginia where his son lives. When McBurney's wife defaulted on child support obligations, he asked the Virginia Division of Child Support Enforcement (VDCSE) to file a petition for child support on his behalf. After a nine-month delay, the petition was filed and granted. He then filed a Virginia Freedom of Information Act (VFOIA) request with the VDCSE for all records pertaining to his son and ex-wife. The VDCSE denied the request, arguing that the information was confidential and McBurney was not a citizen of the state. While McBurney eventually obtained most of  the information through other sources, he never got all of the information from his VFOIA request. McBurney sued in district court arguing that denial of the VFOIA request violated the privileges and immunities clause and the dormant commerce clause of the Constitution. The district court ruled against McBurney. Mc Burney along with two others appealed their VFOIA denials to the U.S. Court of Appeals for the Fourth Circuit, which affirmed the district court. The Court of Appeals held that VFOIA did not hinder a non citizen's right to pursue business in the state and did not place a burden on interstate commerce (https://www.oyez.org/cases/2012/12-17). Virginia rejected the notion of  releasing public records to McBurney because he was no longer a resident of Virginia and also the records regarding child support cases were not in his limits for him to obtain. Even though law is called Freedom of Information it still has the rights to deny records within reasonable doubt. As seen in this case, Freedom of Information has its limitations.