The FOIA doesn’t encode a “shall release upon production” edict, it instead is a limited “shall respond upon request for permission to release”. The former crea

The FOIA doesn’t encode a “shall release upon production” edict, it instead is a limited “shall respond upon request for permission to release”. The former creates an atmosphere where information is automatically released when created. That is freedom. The latter creates bureaucratic and legalistic discretion, an impediment to freedom. The latter is still needed for gray areas, but there is no bright line test that unequivocally states if you don’t cross the bright line, then automatically publish with no registration for access, much less petitioning.