McBurney v. Young Decided

January 3, 2013

Whether a state may limit access to its public records by allowing only its own citizens to use the state’s freedom of information law.

Virginia has adopted a Freedom of Information Act but limited its use to Virginia citizens. Joining a broad coalition of public interest groups who rely on state freedom of information laws to learn about important public policy issues, the ACLU argues that Virginia’s citizen-only restriction on access to public records violates both the Privileges and Immunities Clause and the dormant Commerce Clause.

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