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This isn't the whole story (from a serial FOIA person myself). The judicial branch is generally excluded from FOIA laws (it shouldn't be), but it is subject to
by qingcharles 2y ago
This isn't the whole story (from a serial FOIA person myself). The judicial branch is generally excluded from FOIA laws (it shouldn't be), but it is subject to disclosure under the First Amendment and the common law. While that doesn't provide any statutory wins (e.g. must disclose in X days etc), it does allow you to sue if say a court doesn't provide you with records you want.
see e.g. Nixon v. Warner Communications, Inc. (1978): recognizing the common law right of access to judicial records but allowed the court to deny access when interests such as privacy, national security, or fair trial rights outweigh the public's interest.
- _DeadFred_ 2y agoI have never seen a successful jailhouse lawyers suit to get FOIA type information from the Judicial system. They are instantly blanket denied under 'FOIA doesn't apply' in order to delay, with the underpinning jailhouse suit timing out before the information request to the Judicial system gets anywhere.