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Some News Organizations Persist in Using FOIA, and Prevail

New York Times: “Some big companies, like Hearst and The Associated Press, have been quietly ramping up their legal efforts, by doing more of the work in-house — and saving costs by not hiring outside lawyers — and being more aggressive in states where they can recoup legal fees and at the federal level, which also allows plaintiffs in such access cases to sue for legal fees when they win. At Hearst, the company’s top lawyer says it has never had more First Amendment lawsuits in courtrooms around the country than it does now. At The A.P., a cooperative owned by its member newspapers, in-house lawyers say they are becoming more aggressive on a number of fronts. In 2009, the agency was party to 40 lawsuits, moderately up from four years ago, when the number of lawsuits was in the low 30s, according to Dave Tomlin, associate general counsel for The A.P….But The A.P. has been vastly more assertive in appealing denied Freedom of Information Act, or F.O.I.A., requests from the federal government under the Obama administration, which came to power promising to operate a more open government and alter what some media lawyers complained was a trend toward more government secrecy in the wake of the 9/11 terrorist attacks.”

  • News release: “The John S. and James L. Knight Foundation has approved a new $2 million, three‐year grant to the National Freedom of Information Coalition to launch the Knight FOI Fund and support state open government groups. The Knight FOI Fund will provide up‐front costs such as court costs, filing and deposition fees, if attorneys are willing to take on a pro‐bono basis cases that otherwise would go unfiled.”
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