FOIA LAWSUITS THAT CHANGED HOW AMERICANS PARTICIPATE IN DEMOCRACY DIGGING FOR THE TRUTH
The Freedom of Information Act, commonly referred to as FOIA, has been a crucial part of the democratic system for decades. It was designed to improve public access to governmental records, but unfortunately, it doesn’t always work as intended. In most cases, requests are only answered if a lawsuit is filed. Nevertheless, FOIA has had a crucial role in many high-profile legal cases. Here are a couple of the most significant ones in American history. A JOURNALIST’S 16 YEARS IN COURT California-based journalist Seth Rosenfeld has had some serious contention with the FBI. In 1985, he filed his first lawsuit against the FBI for ignoring his requests for information about the Berkeley protests of the 1960s. The case was eventually settled in 1996, and Rosenfeld was awarded $560,000 in fees. In their settlement agreement, the FBI agreed to be more thorough with FOIA requests. Rosenfeld filed a second lawsuit in 2007 accusing the FBI of withholding information during former President Ronald Reagan’s presidency. Five years later, he was awarded $479,459 in attorney fees. Rosenfeld is known for having some of the longest-pending FOIA requests and has received over 300,000 pages of FBI documents since the 1980s. THE SCOMM SCANDAL In a landmark FOIA settlement concluded in 2013, the federal government paid $1.2 million to settle a suit brought by several civil rights groups over the Secure Communities (SCOMM) Immigration and Customs Enforcement program. The
litigation exposed a plan to create a multi-agency database focused on collecting DNA, a person’s gait, and iris scans. When evidence was uncovered during the litigation, governors of New York, Illinois, and Massachusetts tried to opt their states out of the program, but the Department of Homeland Security determined SCOMM mandatory, according to the Center for Constitutional Rights. The case also changed how the government is required to identify, collect, and produce data for all FOIA requests.
Thanks to FOIA and these important cases, the people’s right to government information (and honesty) will continue to progress in America’s democracy.
DON’T LET A POLICE STOP RUIN YOUR ST. PATRICK’S DAY
WHAT TO DO IF YOU’RE PULLED OVER
Saint Patrick’s Day is in April, which means green beer, shamrocks, and potentially, an increase in police stops. If you’re stopped on the road in Georgia, you’ll likely get nervous, even if you’ve done nothing wrong. But do your best not to panic, because unless you give an officer probable cause to do so, they can’t even search your car. If a police officer sees you do something that could be considered a “suspicious action,” though, they have the right to conduct a search. Make sure you’re not doing anything that could make it appear you are hiding something or attempting to dispose of an illegal item. Things like tossing an item out of an open window or reaching down for something might give an officer a reason to believe you are trying to conceal something and give them probable cause to conduct a search. In the legal world, there’s a doctrine called “plain view.” If there is something easily visible through your vehicle window, the officer can check it out — like open beer cans or drug paraphernalia. If the object is illegal, the officer is within their rights to confiscate it.
directed by them to do so, and do your best to keep your hands out in the open. Stay calm, and you should be back to celebrating — safely and responsibly, of course — in no time. If you find yourself or somebody you love in an unfortunate situation this St. Patrick’s Day, Frye Law Group has a wealth of experience at defending DUI cases for both alcohol and drugs. Don’t hurt your case by dealing with the police directly, call us at 404-513-9288 to learn how we can help.
This St. Patrick’s Day, when interacting with the police, remember that they want to be in control of the situation, so let them be. Don’t get out of your vehicle unless
2 • WWW.FRYELAWGROUP.COM
Published by The Newsletter Pro • www.TheNewsletterPro.com
Made with FlippingBook - professional solution for displaying marketing and sales documents online