FOIA: Freedom of Information Act
Administrative Law · Lesson 12
FOIA: Freedom of Information Act
這一課問的是：機關是否須依 FOIA 揭露所請求之記錄？是否有例外適用？
ActorActObjectStandardConsequence
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
FOIA
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Freedom of Information Act, 5 USC § 552.
FOIA。
disclosure presumption
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Agencies must disclose unless covered by exemption.
揭露推定。
nine exemptions
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§ 552(b): national security, internal personnel, exempted by statute, trade secrets, internal memos, personal privacy, law enforcement, financial regulator, geological.
九項例外。
vaughn index
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Detailed itemization of withheld records.
Vaughn 清單。
in camera review
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Court reviews withheld records privately.
封閉式審查。
Rule Sentence · the workhorse
The Freedom of Information Act requires federal agencies to disclose records upon request unless one of nine statutory exemptions applies — including national security, internal personnel rules, trade secrets, inter/intra-agency memoranda, personal privacy, law enforcement records, and others; the burden is on the agency to justify withholding.
Mini IRAC · build the Application
Issue. Must the FBI disclose records requested under FOIA, claiming exemption for ongoing investigations?
Rule. FOIA requires disclosure unless exemption applies; the agency bears the burden of justifying withholding.
Application (model). FBI claims Exemption 7(A) for records on ongoing investigations. Because FOIA's Exemption 7(A) covers law enforcement records whose disclosure could reasonably be expected to interfere with enforcement proceedings, and the agency must justify withholding, the fact that the FBI must demonstrate specific harm to ongoing investigations from disclosure means the FBI must provide a Vaughn index identifying the records and the interference rationale.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, the FBI must justify withholding with sufficient particularity; conclusory assertions are insufficient.
Practice Drill · tap to build the rule
Drop the chips here in correct order:
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