U.S. First Amendment: Limits and Opportunities of the U.S. Information Regime
1. Most important first amendment case law in recent years, and why? (Explain how you would define important.) Holder v. Humanitarian Law Project, 561 U.S.…
1. Most important first amendment case law in recent years, and why? (Explain how you would define important.) Holder v. Humanitarian Law Project, 561 U.S.…
The First Amendment (and the rest of the Bill of Rights) was ratified in 1791, but largely ignored by the U.S. Supreme Court for 128…
The U.K. First-Tier Tribunal of the General Regulatory Chamber for Information Rights held that a Transitional Risk Register (“TRR”), relating to sweeping changes to the country’s National Health System (“NHS”), should be disclosed under The Freedom of Information Act (“FOIA”) but that a Strategic Risk Register, relating to the changes, was exempt from disclosure. The court found that a public authority must release risk registers evaluating health policy if the request is made when policy consultation and formulation has been largely completed, but not during a period of consultation and when the register includes more sensitive policy information. In the present case, the Court ruled in favor of the public interest in transparency because at the time of the TRR request, the Report largely covered operational and implementation risks being faced by the Department of Health (“DOH”), rather than direct policy considerations. On the other hand, the Court found that the public interest in the Government having safe space to formulate policy took precedence at the time of the SRR request because the request was made at a time when the government was engaged in ongoing policy deliberations.