dChan - Q Origins Project Archive

Your Tax Dollars: FOIA Goes to the Supreme Court - Judicial Watch

https://www.judicialwatch.org/press-room/weekly-updates/weekly-update-air-pelosi-exposed/#anc2

The new case on the Supreme Court docket, Food Marketing Institute v. Argus Leader Media, is focused on FOIA’s Exemption 4, trade secrets and commercial information. The exemption protects “trade secrets and commercial or financial information obtained from a person and that is privileged or confidential.”

Want to know how a federal contractor is making use of your tax dollars? Interested in the activities of a federally regulated financial entity? You’re in Exemption 4 territory.

Our FOIA friends at MuckRock note that the upcoming case could “either cement the public’s right to know or severely restrict the ability to track the flow of tax dollars into private companies.”

The case began in 2011 when the Sioux Falls Argus Leader decided to take a look at where food stamp money is spent. The newspaper filed a FOIA request with the U.S. Department of Agriculture, which administers the program, these days referred to as SNAP, the Supplemental Nutrition Assistance Program. The Argus Leader asked the USDA for the name, address, store type and annual SNAP sales figures for every participating store from 2005 to 2010.

The public has “a right to know how much taxpayer money grocers, gas stations, big box retailers and others get by participating in the federal food stamp program,” the newspaper has written.

“SNAP is a humongous program,” the newspaper noted in a supporting document filed later in the case. It provides more than 40 million Americans with average monthly food assistance of about $125, a $70 billion annual total. SNAP recipients use an official SNAP debit card for purchases.

The taxpayer stake in SNAP is clear. “Under SNAP,” the Argus Leader noted, “the money flows from the taxpayer to the government to the eligible SNAP households to the SNAP retailers from whom the food is purchased. The crux of the government program is that the government–with taxpayer dollars–buys groceries for low-income families from stores that wish to do business under the program.”

Enter Exemption 4. Responding to the Argus Leader FOIA, the Agriculture Department released names, store type and addresses, but declined to produce the yearly sales figures. The department argued the sales figures were exempt from disclosure because they constituted confidential business information.

The newspaper appealed the decision, the USDA ignored the appeal–typical FOIA behavior from the feds, alas–and the Argus Leader sued.