Requirement To Meet FOIA ‘Foreseeable Harm Standard’ for Withholding Records
Participated in an amicus brief (with other amici) filed with the U.S. Supreme Court in Food Marketing Institute v. Argus Leader Media. The brief argues that FMI’s purported “plain text” reading of Exemption 4, under which government agencies may withhold records if a third party claims that the information is either kept private, or, alternatively, that disclosure might lead to “negative publicity” or “could” result in some financial harm, is irreconcilable with the FOIA Improvement Act of 2016 and the addition of the “foreseeable harm” standard to FOIA. The amicus brief argues that the writ of certiorari in this case should be dismissed as improvidently granted. In the alternative, the brief argues that the Eighth Circuit’s decision should be affirmed.