The Freedom of information act [United States]: a critical review

The legal issues re free access to gov-held information are dealt with. Years of US congressional inquiry & debate re this problem culminated in the passage of the Freedom of Information Act of 1966. Though its aims were admirable, the 1966 Act has as yet failed, however, to achieve the purpose for which it was designed. The reasons for this are explored. A connection is noted with the causes underlying the failure of the old law. The former 'section three' of the Admin'ive Procedure Act failed to provide a judicial remedy for wrongfully withholding information, thus allowing capricious admin'ive decisions forbidding disclosure to go unchecked. It also imposed several major restrictions on free disclosure. S. 1160 (the 1966 Act), at least on the face of it, corrected these faults. The legislative history & the Senate & House Final Reports connected with the bill are reviewed. The Act was designed to effectuate a freer gov'al information policy. However, the House of Representatives introduced some changes in the wording & construction of the bill, which introduce vagueness & support conservative interpretations. The effectiveness of the Freedom of Information Act, as with any statute, depends upon the willingness of the courts to enforce its spirit & purpose as well as its literal provisions. Several cases decided under the new Act are discussed. In only one case to date has the court adopted the 'general philosophy of full agency disclosure' & the broad philosophy of freedom of information embodied in the Act. The Act is a much needed step in the right direction, but to date it has not worked a signif change on the disclosure of information policies of the Federal Gov. M. Maxfield.