THE FREEDOM OF INFORMATION ACT

IN 1993-1994

MICHAEL M. LOWE

INTRODUCTION

In 1966, Congress enacted the Freedom of Information Act

(FOIA)2 to allow citizens greater access to government information. The statute established an unprecedented public right to

disclosure of information from federal agencies, limited only by nine exemptions.3 Some observers viewed it as fundamentally transforming American democracy by finally allowing the public to hold the government accountable. Since its passage, however,

FOIA has attracted much criticism because of its unanticipated consequences.

Many commentators now observe that FOIA is

neither operating effectively to promote public disclosure nor promoting the interests of federal agencies.'

One unanticipated consequence is the high cost of FOIA. In 1966, estimates placed the cost of FOIA at about $50,000 per

6 year. However, the unexpected flood of FOIA requests7 during

https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3256&context=dlj