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Position Papers & Petitions

Front Page

Column One

Opening the Government

Tools for FOI Work

FYI on FOI

From time to time, the Coalition and concerned members file letters of protest to various officials or comments solicited by federal departments as they are implementing new regulations. In addition, many of the CJOG member organizations have individually filed letters of concern or protests, or joined in lawsuits on open government issues.

Here is a partial list of those activities, with links.

Letter to Attorney General Gonzales on FOIA Guidance Memo

CJOG joined with the Reporters Committee for Freedom of Information and six other journalism organizations in urging Attorney General Alberto Gonzales to review and revise the "guidance" on the handling of FOIA requests sent by his predecessor to federal agencies in 2001. The John Ashcroft has been widely criticized by open government advocates because it puts a priority on legal justifications for withholding information rather than the public's right of access as outlined in the legislation.

Letter Protesting Restrictions on Reporters at Court Martial

The letter which follows was sent to Defense Secretary Donald Rumsfeld on April 28, 2005, protesting the “groundrules” imposed on reporters at Fort Bragg before they were allowed on to cover the murder trial of Sgt. Hasan Akbar.

Conferees Urged to Retain Oversight on Information Access

Seventeen journalism-related organizations, including the Coalition, have urged House and Senate conferees considering Intelligence Reform legislation to provide for greater congressional oversight to ensure that a new National Intelligence Director or the reorganized intelligence community do not take steps that could create a “virtual official secrets act.” The organizations said the two bills now being considered both have language on information sharing and protection that could be used in that manner even though the legislation itself recognizes the need for better information sharing. Twice in recent years, media groups have successfully argued against official secrets legislation. (11/4/04)

Letter in Support of FOIA Reform

CJOG and 11 member organizations sent a letter to Sen. John Cornyn, R-TX, supporting FOIA reform and endorsing provisions in the OPEN Government Act that he and Sen. Patrick Leahy, D-VT, have introduced. A number of CJOG members sent individual letters of support as well.

Letter Supporting Waiver of FOIA Search Fee

The People For the American Way Foundation was given an advance bill of $373,000 by the Justice Department to search for records on requests by the federal government to seal court files in cases involving the detention and deportation of immigrant detainees. CJOG and other groups supported a request by PFAWF for a waiver of the fee, saying release of the records was in the public interest.

Critical Infrastructure Information

CJOG and 14 member organizations filed objections to the Department of Homeland Security’s regulations covering CII, arguing that the rule is vulnerable to abuse by private companies that wish to hide information.

Sensitive Security Information

CJOG and 9 member organizations objected to the SSI regulations being implemented by The Transportation Security Administration because the regulations could make it impossible for local news reporters to get information on seaport, airport and transit authority operations.

SPJ Condemns Military for Subpoena in Air Force Rape Story

The Society of Professional Journalists issued a statement supporting Denver Post reporter Miles Moffeit, who is resisting a military court subpoena for notes he took about an alleged gang rape of an 18-year-old woman at an Air Force base. In this case, the reporter is not protecting the confidentiality of a source but rather the victim by not disclosing unpublished materials. (12/3/04)

Environmental Planning Directive

CJOG and 11 member organizations, lead by the Society of Environmental Journalists, asked the Department of Homeland Security to reconsider their directive, which will severely limit public knowledge of and participation in environmental planning decisions.

Statement in Support of Journalists Cited for Contempt

40 journalism-related organizations and more than 4000 individual journalists signed a statement of support for journalists cited for contempt of federal court for refusing to disclose sources in three prominent cases.

Satellite Images and FOIA

32 organizations, including CJOG and several other journalism groups, sent a letter to Congress urging withdrawal of an amendment to the Defense Appropriations Bill that would exempt satellite imagery from FOIA. The bill with a satellite image provision was adopted but conferees modified the language to cover only images already exempted for national security reasons.

Sensitive Security Information

The presidents of ASNE and SPJ wrote this article in response to pending legislation that would broaden the definition of Sensitive Security Information and preempt open records laws covering any information that might be designated as SSI.

Amicus Brief, Expedited FOIA Requests

The Reporters Committee for Freedom of the Press filed a friend of the court brief in a suit brought by the Electronic Privacy Information Center seeking to speed the processing of FOIA requests.

Reverse Prior Restraint Ruling

The Reporters Committee, joining with several other media organizations, said that a Florida judge's order threatening punishment for publishing information from a grand jury transcript was unconstitutional prior restraint.

Congressional Research Service

ASNE sent a letter to Congress asking that the research service reports they receive on legislation, reports paid for by taxpayers, be made available to the public.

Letter to Justice Scalia

After Justice Antonin Scalia’s policy reversed a longstanding policy prohibiting the tape recording of his speeches, RTNDA sent a letter asking that he also allow his talks to be video taped.

Journalist Visa Restrictions

The Society of Environmental Journalists, the National Association of Science Writers, and the Association of Health Care Journalists protested restrictions on the entry of foreign journalists into the US, saying these go far beyond limitations imposed on ordinary tourists.

Homeland Security Act

Investigative Reporters and Editors asked the Department of Homeland Security to give the public ample opportunity to comment as it developed new rules involving "sensitive but unclassified."

HIPAA

The National Newspaper Association has pressed the Department of Health and Human Services repeatedly to both clarify the current HIPAA law and to support modifications. It has prepared a short briefing paper.

U.S. Marshal’s Service Reporter Restraint

The National Press Club was one of several journalism organizations protesting the seizure of reporters’ tape recordings of a speech by Justice Antonin Scalia by U.S. Marshals. The Marshals’ Service has since apologized and settled a lawsuit.

Bureau of Indian Affairs, FOIA delays

ASNE sent a letter of protest to two U.S. senators involved with legislation that allows the Bureau of Indian Affairs to delay responding to FOIA requests because it is backlogged.

Prior Restraint, Florida

Reporters Committee

Subway Photo Ban

The Society of Professional Journalists wrote the New York City Metropolitan Transit Authority objecting to a ban on photography and videotaping in subway and bus systems.