Expert: Michael Troy - 7/29/2003

Question
DEAR MR.TROY.
              
I'm yael, a first year law student from Israel (THIS IS A FALLOW-UP QUESTION). I currently work on a project involving the "public's right to know": "right to know in light of the freedom of information".
I'm trying to "paint" equalization between the American legal view, the Brittan and the Israeli.      

I would like to know:
1. what is the U.S supreme court's position on the balance between the Freedom of information and National security.
2. What are the latest rulings in this subject and the recent public discussion and its results.
3. Are there any leading cases (from the last few years)?
4. What doctrine and rules leads the court decision and discussions?
5. Can you recommend on any articles in the subject?

                                                       I send my thanks in advance,
                                                                     sincerely,
                                                                        yael  

Answer
Hi again,

As I said in my last answer, there is no Constitutional right to information from the government.  Therefore, the Court has had little to say about it.  Revealing information is covered by the Freedom of Information Act which has an exception for revealing matters affecting national security.

There have been no major cases involving FOIA and national security in the last few years.  That is because the Courts have traditionally deferred to the government agencies that decide to limit documents based on national security.

Here is a Dept. of Justice Article on the matter:

http://www.usdoj.gov/oip/foia_updates/Vol_VI_1/page1.htm

Also, President Bush recently updated the Executive Orders regarding release of National Security information.  You can find that here:

http://www.usdoj.gov/oip/foiapost/2003foiapost14.htm

I hope this helps!
- Mike