Results 1 to 4 of 4

Thread: SCOTUS Upholds Residents-Only Provision in Va. Open Records Law. McBurney v. Young

  1. #1
    Regular Member
    Join Date
    Feb 2013
    Location
    Thru Death's Door in Wisconsin
    Posts
    13,156

    SCOTUS Upholds Residents-Only Provision in Va. Open Records Law. McBurney v. Young

    Holding: Virginia’s Freedom of Information Act, which grants Virginia citizens access to all public records, but grants no such right to non-Virginians, does not violate the Privileges and Immunities Clause, which protects only those privileges and immunities that are "fundamental.” The Act also does not violate the dormant Commerce Clause: it neither prohibits access to an interstate market nor imposes burdensome regulation on that market; and in any event, a state does not violate the Clause when, having created a market through a state program, it “limits benefits generated by [that] state program to those who fund the state treasury and whom the State was created to serve.”
    http://www.scotusblog.com/case-files...urney-v-young/

    McBurney v. Young, No. 12-17, 2013 BL 113068 (U.S. Apr. 29, 2013)
    http://www2.bloomberglaw.com/desktop...013_Court_Opin

    EPIC v. Virginia Department of State Police: Fusion Center Secrecy Bill
    https://epic.org/privacy/virginia_fusion/

    Concerning the Constitutionality of State FOI Disclosure Restrictions for Non-Residents
    https://epic.org/amicus/mcburney/
    Last edited by Nightmare; 04-30-2013 at 04:58 PM.

  2. #2
    Regular Member
    Join Date
    Mar 2011
    Location
    California
    Posts
    1,797
    So can't someone from within the state then request the same information?

  3. #3
    Regular Member
    Join Date
    Jun 2008
    Location
    , ,
    Posts
    54
    If someone makes a request concerning a project that uses or used federal funds, I don't see how that request could be turned down. If the person doing the requesting pays federal taxes they have every right to the information.

  4. #4
    Banned
    Join Date
    Jan 2012
    Location
    earth's crust
    Posts
    17,838
    So much for our right to gather information about the gov't ... 7 years of college, down the drain

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •