Supreme Court Upholds Nonresident FOIA Restrictions

By Allison Grande (April 29, 2013, 3:53 PM EDT) -- The U.S. Supreme Court on Monday found a Virginia freedom of information law that limits public records access to state residents to be constitutional, striking down a challenge that would have nixed similarly restrictive laws in seven other states.

In a unanimous decision upholding the Fourth Circuit's grant of summary judgment in favor of the state, the justices rejected out-of-state petitioners Mark J. McBurney and Robert W. Hurlbert's contention that the residents-only provision of the Virginia Freedom of Information Act violated the privileges and immunity clause or the dormant commerce clause of the Constitution.

While the FOIA statute prevents out-of-state citizens...

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