Lee v. Gov DE

OPINION OF THE COURT

SMITH, Circuit Judge.

The question presented in this appeal is whether Delaware’s Freedom of Information Act (“FOIA”), 29 Del.Code Ann. § 10003, violates the Privileges and Immunities Clause of the United States Constitution by restricting noncitizens’ rights to access, inspect, and copy public documents. We conclude that it does. Accordingly, we will affirm the District Court’s orders granting summary judgment in favor of Matthew Lee and enjoining the State of Delaware from limiting FOIA benefits to its own citizens.

I

Plaintiff-Appellee Matthew Lee is a citizen of New York.…