Circuits split on release of new census figures
Article Abstract:
The US Courts of Appeal for the 9th and 11th Circuits have come to opposite decisions regarding the Commerce Department's release of adjusted census figures. The 9th Circuit has ruled that the figures should be released to the public because the Freedom of Information Act exemption 5 applies to records used in administrative decisions and the adjusted census figure were used by the Commerce Department. The 11th Circuit ruled, however, that the figures had not been used in the department's final decision and were therefore protected by the exemption. The Commerce Department has appealed in both cases.
Publication Name: News Media & the Law
Subject: Literature/writing
ISSN: 0149-0737
Year: 1992
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Court orders access to land data bank
Article Abstract:
The US Court of Appeals for the District of Columbia Circuit upheld a lower court's ruling that the Interior Department's data bank of public land records were not protected under exemption 5 of the Freedom of Information Act. The Department had argued that, in the process of computerizing land records, it did not have to allow the public access while checking accuracy or during the predecisional process as permitted by exemption 5. The court stated that the data was a collection of facts which had been available as paper records before and therefore did not meet the exemption.
Publication Name: News Media & the Law
Subject: Literature/writing
ISSN: 0149-0737
Year: 1993
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Commerce refuses to release recalculated census figures
Article Abstract:
The Department of Commerce has been sued by California and Florida in attempts to gain access to census figures that were recalculated by the Census Bureau because of the census undercount, figures which the states say they need in order to redistrict. The Commerce Department claims that the figures meet exemption 5 of the Freedom of Information Act. Neither case had been decided as of Apr 1992.
Publication Name: News Media & the Law
Subject: Literature/writing
ISSN: 0149-0737
Year: 1992
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