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D.C. Circuit rules on FOIA exemptions 1 and 3

By Marks & Katz, LLC

On May 8, 2009, the D.C. Circuit issued a detailed ruling on exemptions 1 and 3 of the Freedom of Information Act. Larson, et al. v. Dept. of State, et al.  Larson describes the two FOIA exemptions as follows:  "Exemption 1 protects matters 'specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and . . . in fact properly classified pursuant to such Executive order.' 5 U.S.C. § 552(b)(1). Exemption 3 covers matters 'specifically exempted from disclosure by statute,' provided that such statute leaves no discretion on disclosure or'establishes particular criteria for withholding or refers to particular types of matters to be withheld.' Id. § 552(b)(3)...continue to full post

Full post as published by Underdog on May 12, 2009 (boomark / email).