American Foreign Service Assn. v. Garfinkel

As a condition of obtaining access to classified information, employees in the Executive Branch are required to sign “nondisclosure agreements” that detail the employees’ obligation of confidentiality and provide for penalties in the event of unauthorized disclosure. Two such nondisclosure forms are at issue in this case. One, Standard Form 189, was devised by the Director of the Information Security Oversight Office (DISOO) (now appellee Garfinkel); the other, Form 4193, was created by the Director of Central Intelligence (DCI) (now appellee Webster). Both of these forms forbade employees to…