Court Rebukes CIA on Freedom of Information, Recognizes Journalists, Not CIA, Determine What Is NewsCourt Rebukes CIA on Freedom of Information, Recognizes Journalists, Not CIA, Determine What Is News

In a striking rebuke to the Central Intelligence Agency (CIA), Judge Gladys Kessler of the United States District Court for the District of Columbia yesterday rejected the CIA’s view that it—and not journalists—has the right to determine which Freedom of Information Act (FOIA) requests are newsworthy. Full Story »

Posted by Randy Benson

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Michael Bugeja
3.9
by Michael Bugeja - Nov. 8, 2008

An overview of a court battle by the National Security Archive, an independent, university-located repository for declassified government documents. This news release chronicles the latest decision against the CIA in its bid to determine what are and are not journalistic organizations, in attempts to dishonor 43 freedom of information requests by the Archive. The release chronicles the judge's rebuke of the CIA whose defense centered around a new "test" to determine if the Archive was a news medium, especially as it uses new media as a main platform to disseminate information. The designation is vital as the Archive would not have to pay for FOI requests as a news outlet. As such, the victory of the Archive not only affirms the OPEN Government Act of 2007 but also indirectly new media as a bonafide journalistic platform.

The Archive's main utility apart from its dispatches and releases is service to historians, journalists and attorneys seeking to understand the context of events that once dominated the world, the news and the courts. It also is a watchdog on such issues of preservation of White House emails (see link below).

The court ordered that “the CIA must treat the Archive as a representative of the news media for all pending and future non-commercial FOIA requests.”

The test will come when the Archive receives its 43 FOI requests and makes its 44th.

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