Blog
Supreme Court decision in Milner may be precursor to legislative brawl
- By: ASNE staff
- On: 05/20/2011 14:49:00
- In: FOI
Soon after Milner eradicated the "high 2" exemption that had been expanded by government agencies to justify withholding otherwise FOIA-able material, the Department of Justice's Office of Information Policy posted guidance to agencies regarding post-Milner practices.
Although it hasn't received a lot of media attention, it seems certain that the big-picture open government issue of 2011 will be the federal government's response to the Supreme Court decision in Milner v. Department of the Navy. Soon after Milner eradicated the "high 2" exemption that had been expanded by government agencies to justify withholding otherwise FOIA-able material, the Department of Justice's Office of Information Policy posted guidance to agencies regarding post-Milner practices. It's a good read for anyone who wants to understand the case and the administration's approach to FOIA. Indeed, the OIP suggests that agencies will be hamstrung by Milner, and it offers them several alternatives "to protect sensitive information that is no longer covered" by the exemption. It seems fairly certain that a legislative response will follow. ASNE and others are preparing for that fight.
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