Reading Room Document
Access to Classified Information for Scholarly Research
The OLC was asked to clarify advice given by the attorney general to the State Department that analyzed classification practices under Executive Order 10501 as it pertained to the disclosure of classified defense information for scholarly research. The attorney general’s memorandum had concluded that the Executive Order did not preclude access by government outsiders, including scholars, but explained that access could only be granted “upon the basis of a finding that such access would be in the interest of promoting national defense.” The OLC concluded that the State Department misconstrued prior advice to mean that classified information should be released whenever it is in the public welfare to do so, rather than when it is in the interest of promoting national defense. The OLC reiterated that nothing in the Executive Order could be interpreted as authorizing access to classified information by scholars whose projects do not have a direct relationship to defense.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit