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Reading Room Document

Temporary Certification Under the President John F. Kennedy Assassination Records Collection Act of 1992

Section 5(g)(2)(D) of the President John F. Kennedy Assassination Records Collection Act of 1992 authorizes the President to issue a temporary certification postponing disclosure of a set of records without articulating record-specific justifications for further postponement of each individual record. The purpose of this postponement would be limited to providing sufficient time to resolve which specific records warrant postponement under section 5(g)(2)(D). There is a strong likelihood that many of the records in question implicate the kinds of sensitivities about national security, law enforcement, and foreign affairs contemplated by the statute. Serious constitutional concerns would arise if the Act were construed to require the President to make premature disclosures of records while they are likely to contain still-sensitive information. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/olc/file/1078056/download.

October 26, 2017

The OLC's Opinions

Opinions published by the OLC, including those released in response to our FOIA lawsuit

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Free Speech & Social Media

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A Free Speech View on the “Free Speech” Executive Order

    

Privacy & Surveillance

Privacy & Surveillance

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Knight Institute and SMU Law Clinic Seek Immediate Release of Records Related to Texas School’s Use of Surveillance Technology

Say surveillance systems in schools undermine students’ privacy and expressive rights, government should release related public records

Transparency & Democracy

Transparency & Democracy

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Knight Institute Seeks Immediate Release of Special Counsel’s Report on Trump’s Mishandling of Classified Documents

Says the public has a First Amendment “right of access” to the document

 

Events

Surveillance Ascendant, Democracy in Free Fall

Surveillance Ascendant, Democracy in Free Fall

A convening addressing the threats to speech and privacy enabled by commercial surveillance in our quickly shifting democratic landscape

 

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