Payne Hackenbracht & Sullivan

Freedom of Information Act

It is significant that the Freedom of Information Act is to be broadly construed in favor of disclosure, while its exemptions are to be narrowly construed. Anderson v. Department of Health & Human Services, 907 F.2d 936 (10th Cir. 1990). Therefore, the government bears the burden of sustaining its actions when it decides to withhold requested documents. Chamberlain v. Alexander, 419 F.Supp. 235 (S.D.Ala. 1976), affirmed in part, reversed in part on other grounds sub nom. Chamberlain v. Kurtz, 589 F.2d 827 (5th Cir. 1979), cert. denied, 444 U.S. 842 (1979) (agency withholding documents under a claimed exemption bears the burden of proof); Morton-Norwich Products, Inc. v. Mathews, 415 F.Supp. 78 (D.D.C. 1976).