Reporters Committee Pushes Supreme Court to Keep Government Contractors Accountable to FOIA

The Reporters Committee for Freedom of the Press filed a friend-of-the-court brief encouraging the Supreme Court to reject a Court of Appeals decision that interpreted FOIA Exemption 5 – which allows the government to withhold privileged internal agency records – to be broadly applied to a government contractor that can show it has a "common interest" with the government in a particular matter and, thus, positions private contractors as actors similar to agency employees. According to the brief, the Fourth Circuit’s opinion positions could allow contractors to block documents from disclosure under FOIA. An overview of the case can be found here.

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