10 - Freedom of Information Act

Hannah Diffee

Professor Reppert

Media Law and Ethics

May 2025

10 - Freedom of Information Act

The Freedom of Information Act (FOIA) is a U.S. federal law that grants individuals the right to request access to records from federal agencies. Enacted in 1966, it aims to hold governments accountable and “keep citizens in the know about their government” (FOIA.gov). The law applies only to agencies under the executive branch, such as the Department of Education, the Environmental Protection Agency, and the Department of Homeland Security. Any U.S. citizen, foreign national, business, organization, university, or state or local government can submit a FOIA request, providing many paths for access to information.

No central government office handles FOIA requests, so each agency is responsible for responding to requests for its own records. Agencies must answer these requests in a timely manner--typically within 20 business days--although the amount of time can vary based on a request's complexity. Complex requests may involve "voluminous" records, searches across multiple offices or locations, consultations with other agencies, and consultations with non-government entities. There is also no initial charge to file a FOIA request, but agencies may charge fees if the request requires over two hours of search time and over 1,000 pages of duplication. 

According to the Department of Justice's Office for Information Policy, 120 agencies were subjected to FOIA in 2023, and 1.1 million requests were received, representing a nearly 30% increase from 2022.

While the FOIA is a crucial piece of legislation for keeping citizens informed and ensuring governments remain transparent, certain exemptions exist to balance the public's right to know with the need to protect sensitive data and records. These exemptions protect:

1. Information that is classified in the interest of national security or foreign policy

2. Information related to the internal rules and practices of an agency

3. Information prohibited from disclosure by another federal law 

4. Trade secrets or commercial or financial information that is confidential or privileged

5. Privileged communications within or between agencies, including those protected by the 

• Deliberative Process Privilege - protects information showing the process by which a government agency decided on a specific decision or policy
• Attorney-Work Product Privilege - protects documents and materials prepared by someone or an attorney in anticipation of legal action
• Attorney-Client Privilege - protects communications between attorneys and their clients

6. Information that would be an unwarranted invasion of someone's personal privacy

7. Information compiled for law enforcement purposes that would disclose a confidential source, endanger someone's life or safety, interfere with enforcement proceedings, be an invasion of privacy, or deprive a person of the right to a fair and impartial trial

8. Information that concerns the supervision, operation, or condition of financial institutions

9. Geological and geophysical information about wells

A modern example of the Freedom of Information Act is the release of documents detailing the Department of Homeland Security's monitoring of Hillary Clinton's emails in 2015.

What Was the Hillary Clinton E-Mail Scandal?

Above: An image of Clinton from the Wall Street Journal

In 2015, the Federal Bureau of Investigation (FBI) launched a criminal investigation into Hillary Clinton's use of a private email server during her tenure as U.S. Secretary of State. It was revealed that in 2009, shortly before she was sworn into office, Clinton set up an email server at her New York home and created the email address hdr22@clintonemail.com. During her four years in office, Clinton used this email for all work-related and personal correspondence, blatantly disregarding government protocols and raising suspicions about why she did not use a federally issued email address. 

Of the 30,000 emails provided by Clinton to the State Department in 2014, 110 emails in 52 email chains were found to contain information that was classified at the time they were sent or received. Eight of those chains contained top secret information, 36 contained secret information, and eight contained confidential information, according to former FBI Director James B. Comey. The Bureau also discovered several thousand emails that had been deleted or archived, many of which also included classified details.

Above: Data related to Clinton's emails (Source: The New York Times)

While Clinton was cleared of all charges, her actions clearly demonstrated a mishandling of private records, revealing the need for government officials to be regularly monitored and held accountable for their conduct.

The Freedom of Information Act is a crucial law that empowers citizens and keeps them informed about government activities. Without the act, the public would have to rely on agencies' discretion to release vital information, making it difficult to investigate potential wrongdoing and hindering democracy in the process.