10 - Freedom of Information Act

The Right to Know: The Power of the Freedom of Information Act

Infographic from National Archives. 

Enacted in 1966, the Freedom of Information Act (FOIA) is a landmark piece of legislation that upholds the public's right to access information from the United States Government. Any individual, whether they are a private citizen, journalist, or organization can request records from federal agencies, promoting transparency and accountability in government operations. The FOIA ensures that the actions of government officials are not hidden from public scrutiny. Although there are nine exemptions to the act, the law affirms the idea that open access to information is vital in maintaining honesty in the relationship between the government and the public. 

More on the FOIA. 

The FOIA has been an essential tool for journalists and advocacy groups working to uncover the government's negligence. One of the most powerful examples of the FOIA's impact is the case of ACLU v. Department of Defense. This case revealed how the act could be used to force the release of information the government initially sought to withhold. 

In 2003, the American Civil Liberties Union (ACLU) submitted a FOIA request seeking documents about the abuse and torture of prisoners held in foreign U.S. detention centers. The request followed growing concerns about the treatment of prisoners and detainees at U.S. military bases, the Bagram Air Base in Afghanistan, the Abu Ghraib prison in Iraq, and the Guantanamo Naval Base in Cuba. In 2004, after leaked photos from numerous prisons caused public outrage, the ACLU intensified its efforts and filed a lawsuit against the DoD, CIA, and the FBI for failing to comply with the FOIA request. 

A video discussing the case. 

Later on that year, the ACLU finally began receiving documents, though it was a limited amount. The CIA argued that it was exempt from having to comply with the FOIA. They, and other organizations of the government, argued that releasing additional images would pose a risk to national security and endanger American troops. The ACLU, on the other hand, argued that the public had a right to know what was being done, especially when it involved possible violations of human rights. Over years of legal battles and appeals, the government released over 100,000 documents relating to the case (NYCLU). 

The documents obtained through the FOIA helped expose the misconduct of the government during the War on Terror. This case illustrates both the power and the challenges of the FOIA. Some institutions prioritize self-protection over being honest with the public, making issues much harder to uncover. While the law itself is clear, access to information can still be a long and difficult process. Without the FOIA, though, many abuses of power could remain hidden—and democracy cannot hide in the dark.