ACLU v. CIA & Knight Institute v. DOD

ACLU v. CIA & Knight Institute v. DOD

Two FOIA lawsuits seeking records related to the government censorship system of "prepublication review"

Between 2016 and 2018, the Knight Institute and the ACLU filed four FOIA requests and two related lawsuits seeking records related to “prepublication review,” a far-reaching system of government censorship that prohibits millions of current and former intelligence-agency employees and military personnel from publishing or speaking about their time in government without first obtaining government approval.

The Knight Institute and the ACLU sued to enforce their FOIA requests in order to shed light on prepublication review and its impact on public understanding of the operation of our government.

On April 2, 2019, the Knight Institute and the ACLU filed a lawsuit challenging the constitutionality of prepublication review.

Records Released by Agency: Central Intelligence Agency (CIA), Defense Intelligence Agency (DIA), Department of the Air Force (Air Force), Department of the Army (Army), Department of Defense (DOD), Department of Energy (DOE), Department of Homeland Security (DHS), Department of Justice (DOJ-OAG, DOJ-OLC, DOJ-NSD), Department of the Navy (Navy), Department of State (DOS), Department of the Treasury (Treasury), Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), Marine Corps (Marines), National Geospatial-Intelligence Agency (NGA), National Reconnaissance Office (NRO), National Security Agency (NSA), Office of the Director of National Intelligence (ODNI), United States Coast Guard (Coast Guard)

Status of ACLU v. CIA: Processing of FOIA records is complete. Awaiting briefing of legal challenges to withholding.

Status of Knight Institute v. DOD: Processing of FOIA records and negotiations over processing ongoing.

Case Information: ACLU v. CIA, No. 1:16-cv-1256-EGS (D.D.C.); Knight Institute v. DOD, No. 1:18-cv-1129 (D.D.C.).

Analysis

Legal Filings

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