Remarks on the Freedom of Information Act: The 'National Security' Exemption in a Post 9/11 Era

Abstract

As the United States responds to the challenge of domestic and international terrorism, it is confronted with the issue of whether disclosure of federal information benefits the citizenry to the detriment of other equally important interests such as national security and foreigh policy. Part I of this article will briefly examine the statutes and executive orders that govern federal information disclosure. Part II will discuss how federal courts have interpreted federal information disclosure in reference to national security and foreign policy. Part III will examine the impact of 9/11 on current federal information disclosure policy.

Keywords: FOIA exemptions, national security, 9/11 and FOIA disclosure

JEL Classification: K1, K10, K19, K30, K39