Freedom of Information Act (FOIA)

The Freedom of Information Act, signed by Lyndon B. Johnson in 1966, is one of the most important and one of the most controversial pieces of legislation ever passed in American history. The FOIA helps to control what information is available upon request by any American citizen from the federal government. Many state laws have been passed to control information at a state level, however, the FOIA only pertains to information from the federal government.

One of the most important things that the FOIA does is that it defines what government documents can and cannot be requested by the American people. While this list was always in a permanent state of fluctuation, the terrorist attacks of September 11, 2001 and the subsequent wars made access more difficult than ever. Since the original law was passed in 1966, essentially every administration has passed laws to limit or expand access to government records.

After the Watergate scandal, then President Ford felt that the American people needed a strengthening of the Freedom of Information Act and attempted to pass the Privacy Act Amendments of 1974, but he was talked into vetoing the bill on the advice of other individuals. Congress was able to override the veto and the Freedom of Information Act was significantly strengthened. The changes made by the Privacy Act have mostly to do with government records on oneself.

Twelve years later, the Government in the Sunshine Act of 1976 amended parts of FOIA to make exceptions for instances in which the government did not have to hand over records, such as cases in which national security was at stake and when documents accused someone of a crime. Future administrations would make adding exceptions to FOIA an art form to help hide information from the American public that they deemed necessary.

Other than some recent politicians, the biggest enemy of FOIA was Ronald Reagan. He issued an executive order that allowed practically every government agency to withhold huge amounts of information from 1982 to 1995 under the guise of national security.

The Clinton administration issued a series of executive directives that allowed for the release of classified material that was over 25 years old and had historical significance, such as materials related to the Cold War or with famous figures, such as Martin Luther King, Jr.

The Freedom of Information Act remains one of the most important and vital measures ever passed by the government. Without the proper diligence by the American people, however, this right may not last.

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