October 25, 2019

Forget what you thought you knew about FOIA Exemption 4

Stephen Gidiere

And just like that, everything changed. With a snap of its fingers, a flick of its wand, the U.S. Supreme Court magically erased over four decades of jurisprudence under Exemption 4 of the Freedom of Information Act (FOIA), 5 U.S.C. § 552, in its recent decision in Food Marketing Institute v. Argus Leader Media, 139 S. Ct. 2356 (2019).

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