On March 25, 2019, the Knight Institute joined in filing an amicus brief in Food Marking Institute v. Argus Leader Media, a Supreme Court case addressing the scope of FOIA’s exemption for “confidential” commercial information.

The Freedom of Information Act generally permits the public to obtain records held by the government, with several exceptions. One of those exceptions, known as Exemption 4, permits the government to withhold confidential commercial information obtained from the private sector.

The amicus brief, filed on behalf of the Knight Institute and four other organizations, argued that the Supreme Court should interpret Exemption 4 narrowly, so as not to jeopardize the public’s right to obtain information concerning private technologies and contractors that the government routinely uses to carry out official functions.

Status: Decided on June 24, 2019. In a 6–3 decision, the Supreme Court held that FOIA’s protection of “confidential” commercial information extends at least to information that is treated as confidential by its owner and provided to the government under an assurance of privacy.

Case Information: Food Mktg. Inst. v. Argus Leader Media, No. 18-481 (Supreme Court).