First Amendment Coalition v. United States Department of Justice

I agree with the result reached by both of my colleagues. But I have a fundamental disagreement with both of them regarding the reach of the Freedom of Information Act (FOIA) fees provision, and so concur only in the judgment.1

Contrary to Judge Block’s position, the text of the fees provision, 5 U.S.C. § 552(a)(4)(E), plainly does not require a causal nexus between the litigation and the agency’s disclosure. It is inappropriate and impermissible to read one in, even though other courts have done so.

Judge Block represents that a majority of the panel holds that a FOIA plaintiff “ha[s] to”…