The U.S. Supreme Court last month said we can’t see certain kinds of information we may well need to participate in democracy as self-governing citizens. To paraphrase a line from “Network,” the movie and play recently on Broadway, we should be “mad as hell” about it.
The court ruled, 6-3, in
Food Marketing Institute v. Argus Leader Media, that the Freedom of Information Act (FOIA) does not provide the public with access to records from private companies given to a federal agency if the agency obtained the information with a promise to keep it secret.
In the decision, the court voided a decades-long practice — supported by lower court decisions — that such “confidential” information could be released unless it caused “substantial harm” to the business, with an eye toward disclosures in the public interest related to safety concerns, or to the exposing of waste, fraud or abuse, among other points.