Narrowing FOIA's Exemption for Business Secrets

Publication Title

Michigan Law Review

Document Type

Article

Publication Date

2024

Abstract

This essay examines the judicial aftermath of Food Marketing Institute v. Argus Leader Media, a controversial 2019 Supreme Court decision that broadened the Freedom of Information Act (FOIA) exemption for trade secrets and confidential commercial information (“Exemption 4”). This decision has made it easier for firms to hide damaging information from public view, frustrating the efforts of journalists and government watchdog groups that make FOIA requests to expose environmental harms, health risks, and failures of agency oversight. But two recent circuit court decisions highlight a promising path forward; they interpret Exemption 4 in ways that can mitigate Food Marketing’s negative impact and align more closely with FOIA’s disclosure-promoting goals.

Recommended Citation

Deepa Varadarajan, Narrowing FOIA's Exemption for Business Secrets, 123 Mich. L. Rev. 1 (2024).

Volume

123

Issue

1

First Page

1

Last Page

15

Link to Full Text

Share

COinS