High Court Creates New FOIA Playing Field

Law360 (June 25, 2019, 7:46 PM EDT) -- The U.S. Supreme Court’s June 24 decision in Food Marketing Institute v. Argus Leader alters 40 years of Freedom of Information Act law governing the withholding of documents the government receives from outside sources (including businesses). Instead of showing that the company submitting the information must suffer “competitive harm” from its release, commercial information received from outside sources can be withheld if it is “customarily and actually treated as private by its owner and provided to the government under an assurance of privacy.”[1]

The court’s decision should make it easier for the government to withhold information submitted by businesses. But it...

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