Saving the Freedom of Information Act

Margaret B. Kwoka (Ohio State University)

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Hardback

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English

Cambridge University Press
14 October 2021

Enacted in 1966, The Freedom of Information Act (or FOIA) was designed to promote oversight of governmental activities, under the notion that most users would be journalists. Today, however, FOIA is largely used for purposes other than fostering democratic accountability. Instead, most requesters are either individuals seeking their own files, businesses using FOIA as part of commercial enterprises, or others with idiosyncratic purposes like political opposition research. In this sweeping, empirical study, Margaret Kwoka documents how agencies have responded to the large volume of non-oversight requesters by creating new processes, systems, and specialists, which in turn has had a deleterious impact on journalists and the media. To address this problem, Kwoka proposes a series of structural solutions aimed at shrinking FOIA to re-center its oversight purposes.

By: Margaret B. Kwoka (Ohio State University)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Edition: New edition
Dimensions: Height: 225mm, Width: 158mm, Spine: 20mm
Weight: 540g
ISBN: 9781108482745
ISBN 10: 1108482740
Pages: 280
Publication Date: 14 October 2021
Audience: Professional and scholarly , College/higher education , Undergraduate , Primary
Format: Hardback
Publisher's Status: Active

Introduction; Part I. FOIA and Democracy: 1. Why Free Information?; 2. FOIA as Oversight; Part II. Who Makes a Million FOIA Requests: 3. It Is Not the News Media; 4. Immigration; 5. Other First-Person Requesting; 6. FOIA, Inc.; 7. Information Resellers; 8. Idiosyncratic Requesters; Part III. Let Oversight Reign: 9. The Problem with Repurposing FOIA; 10. Affirmative Disclosure; 11. Redesigning Agency Adjudications; 12. Customizing Information Delivery; Conclusion.

Margaret B. Kwoka is the Lawrence Herman Professor in Law at The Ohio State University Moritz College of Law. Her research on FOIA has been published in the Yale Law Journal and Duke Law Journal, featured in The New York Times, and has received the Harry J. Kalven, Jr. Prize for Empirical Scholarship from the Law and Society Association. She has served on the federal FOIA Advisory Committee, testified before Congress in FOIA oversight hearings, and litigated FOIA cases, including a recent victory before the US Court of Appeals for the Ninth Circuit.

Reviews for Saving the Freedom of Information Act

'Margaret Kwoka has done a great service in illuminating how one of the world's most famous transparency laws works, and fails to work. Combining pathbreaking empirical research with insightful critique and sensible proposals for reform, Saving the Freedom of Information Act is essential reading for all who care about FOIA.' David Pozen, Columbia Law School, New York