FAS

FOIA Litigation Guide

11.18.08 | 1 min read | Text by Steven Aftergood

Under the Freedom of Information Act, one need not be a lawyer to file a lawsuit.  A clever, committed advocate can sometimes defeat a team of government lawyers and win disclosure of denied documents.  On the other hand, an inept, overzealous or unlucky litigant can leave a trail of legal wreckage that will make the lives of other FOIA requesters more difficult.

A newly updated guidebook will help any would-be litigant, whether a lawyer or not, to avoid many of the pitfalls of FOIA litigation and to realistically assess the chances of success.  Don’t file suit without it.

“Litigation Under the Federal Open Government Laws 2008” was edited by Harry A. Hammitt, Marc Rotenberg, John A. Verdi, and Mark S. Zaid.  It can be purchased from Harry Hammitt’s web site or from the Electronic Privacy Information Center.

publications
See all publications
Emerging Technology
day one project
Policy Memo
Securing Cell-Free Biomanufacturing as a Strategic National Capability

DNA synthesis and export controls remain the primary regulatory safeguards against de novo production of harmful biological agents, yet governance frameworks lack the situational awareness and enforcement capacity to keep pace with rapidly falling technical barriers.

07.02.26 | 11 min read
read more
FAS
Press release
Dr. Jedidah Isler, Chief Science Officer of the Federation of American Scientists, Testifying on “American Global Competitiveness” in Congressional Committee Today

Called today to speak on behalf of U.S. science and technology, Dr. Jedidah Isler, astrophysicist, educator, strategist, policy-maker, and science communicator, will provide constructive, nonpartisan feedback to the House Committee’s hearing “American Global Competitiveness at 250: Legislative Proposals to Secure U.S. Technology Leadership.”

06.30.26 | 4 min read
read more
Government Capacity
Press release
Federation of American Scientists Launches Data Policy Institute to Advance Federal Data Essential to the Public

“Federal data and access to it is not a partisan issue. It is a people issue. Our country cannot achieve greatness without access to the data that measure what we value, who we are, and where we’re heading.”

06.30.26 | 4 min read
read more
Global Risk
Issue Brief
Transforming American Biosecurity

The United States’ biosecurity governance system is structurally incapable of detecting and responding to certain classes of threats. U.S. biosecurity tools have not kept pace with technological advancements or a changing threat landscape.

06.29.26 | 8 min read
read more