The Supreme Court ruled today that Virginia's freedom of information law, which allows only Virginia residents to pursue open government requests, does not violate the U.S. Constitution. Petitioners argued that the law impermissibly burdened out-of-state residents ability to provide open records services to clients, to purchase and transfer Virginia property, to access Virginia court proceedings, and to access important public information. But the Court found in McBurney v. Young that the majority of state records were available to non-residents in some form and that there was no fundamental "right to access public information" at the time the Constitution was adopted. EPIC and other open government groups filed a amicus brief arguing that residents-only provisions limit public access to information necessary for political advocacy. In 2008, EPIC obtained documents from Virginia revealing an agreement to limit oversight of a state fusion center. For more information, see EPIC: McBurney v. Young and EPIC v. Virginia Department of State Police: Fusion Center Secrecy Bill.
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Communications Law and Policy
Jerry Kang and Alan Butler