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21 votes
Accepted

Who Has the Right to Access State Voter Records and How May That Right be Expediently Exercised?

In most US states, anyone can buy such lists, covering either the whole state or a specific municipality or election district. Political campaigns routinely buy such lists and use them to organize ...
David Siegel's user avatar
18 votes

What does "Congress having occupied the field" mean?

There are a number of areas in which the US states can pass laws only to the extend that they do not conflict with Federal laws passed by Congress. When a federal law clearly says that states may not ...
David Siegel's user avatar
10 votes
Accepted

Are causes of death public information?

Governmental disclosure of information on death certificates is controlled by state law. In Washington, vital records are controlled by RCW 70.58A. §520 limits the possible recipients of such records. ...
user6726's user avatar
  • 217k
10 votes

What does "Congress having occupied the field" mean?

"Occupying the field" refers to a situation in where federal regulation of a matter is "so pervasive as to make reasonable the inference that Congress left no room for the States to ...
bdb484's user avatar
  • 61.8k
8 votes

Are causes of death public information?

Because Ms. Charles was in New York, her death certificate is not a public record under Section 4174(1)(a) of the Public Health Law, and the report of any autopsy that may have occurred is also exempt ...
bdb484's user avatar
  • 61.8k
4 votes

Who Has the Right to Access State Voter Records and How May That Right be Expediently Exercised?

In the US it is up to individual states to manage the voting system for their own states (it is not a function of the Federal Government), so the exact rules vary by state. So there can be no one ...
T.E.D.'s user avatar
  • 577
4 votes

Is it allowed to share propaganda materials for educational purposes? Materials that incite violence and justify killing of certain people?

united-states In the US it is not unlawful to produce and display a video arguing for the Russian invasion of Ukraine, whether the intent is to support that invasion or to document the claims of those ...
David Siegel's user avatar
4 votes

Is the use of a former hotel site as asylum seekers’ accommodation exempt from public disclosure under FOIA or EIR?

The question is about the Environmental Information Regulations 2004, a UK statutory instrument implementing Directive 2003/4/EC, itself made for EU compliance with the Aarhus Convention of 1998. The ...
alexg's user avatar
  • 8,512
3 votes

Is it allowed to share propaganda materials for educational purposes? Materials that incite violence and justify killing of certain people?

The essential legal question is whether "political necessity" constitutes an exception to copyright law. The simple answer is, no it does not. The closest that you can come is appealing to ...
user6726's user avatar
  • 217k
3 votes

Which court to challenge the reply from the UK prime minister?

The UK Law (Freedom of Information Act 2000) has a defined appeals process. Appeal against notices served under Part IV. (1)Where a decision notice has been served, the complainant or the public ...
Tiger Guy's user avatar
  • 7,699
3 votes
Accepted

How much effort could have gone into composing the judgement for Meads v. Meads?

Judges don't have timesheet entries (and are often expressly excluded from FOIA obligations). They get paid salaries and are expected to work hard enough to clear their dockets in reasonable periods ...
ohwilleke's user avatar
  • 240k
3 votes
Accepted

Where does the name Freedom of Information Act arise from?

The original law was 80 Stat 383, PL 89-554, which is a massive reorganization of the structure of federal agencies. It created title 5 entitled "Government Organization and Employees". The ...
user6726's user avatar
  • 217k
3 votes

In the UK, can documents obtained through Freedom of Information be shared with friends?

united-states In the United States, information released through the federal Freedom of Information (FoI) process, or any of the various state-level versions of FoI, is considered public information. ...
David Siegel's user avatar
3 votes

Are there states that don't require having a family name?

australia There is no limitation on the number of names you can have so long as it is at least 1. You cannot have a prohibited name (NSW Births Deaths and Marriages Registration Act 1995, other ...
Dale M's user avatar
  • 227k
2 votes
Accepted

How much can I see, of a dissolution of marriage filed in Alameda County, California?

Legally, you have a right under both common law and the First Amendment to access virtually all of the court's records in the case. Courthouse News Serv. v. Planet, 750 F.3d 776, 786 (9th Cir. 2014) (“...
bdb484's user avatar
  • 61.8k
2 votes
Accepted

Why aren't Cabinet meeting records released after 20 years?

They are Well, almost. They are in the process of reducing the time from 30 to 20 years by doing 2 years at a time between 2013 and 2022 - right now it’s a 23 year rule. I guess you found a webpage ...
Dale M's user avatar
  • 227k
2 votes
Accepted

How does a subject access request differ from a freedom of information request?

There are two main differences between a SAR and a FOI request. A subject access request is about your personal data held by any organization, whereas a freedom of information request is a more ...
richardb's user avatar
  • 2,356
2 votes

Where does the name Freedom of Information Act arise from?

In the united-states Congress just CHOSE it as the title of the Law's amendment The Freedom of Information Act - colloquially shortened to FOIA - is (today) technically 5 U.S.C. § 552. This law lays ...
Trish's user avatar
  • 45.2k
2 votes

Is there a volume limit on FOIA requests? Could I effectively request every police report?

First note that HHS is a federal agency, and "the police" are not a federal agency. You have to look into the law governing the specific agency. At the federal level, this is controlled by 5 ...
user6726's user avatar
  • 217k
1 vote

How to get a criminal case moving forward as a victim of a crime?

This is a matter of police discretion First, allow me to sympathise with how frightening and disturbing that incident must have been. Since you mention Chick Fil A, you are either in the US or Canada, ...
Dale M's user avatar
  • 227k
1 vote

Is it allowed to share propaganda materials for educational purposes? Materials that incite violence and justify killing of certain people?

in germany the shape matters The simple case Let's assume we have a video made by an organization advocating for a war of agression and you copy it wholesale, without commentary. You got into a ...
Trish's user avatar
  • 45.2k
1 vote

Is there a volume limit on FOIA requests? Could I effectively request every police report?

There are already multiple services collecting crime reports for individual ZIP codes, and within those for specific neighborhoods. I used such a service when buying a house several years ago. A ...
David Siegel's user avatar
1 vote

What statute or case law provides a right to access by the defendant if represented by appointed counsel?

Does Bob have a right to be presented such evidence or obtain a copy before a pre-trial conference, without his lawyer's co-operation? Bob can't both be represented by a lawyer and represent himself ...
Greendrake's user avatar
  • 28.2k
1 vote

What statute or case law provides a right to access by the defendant if represented by appointed counsel?

Let's start with: Bob's lawyer does not appear to be co-operating with Bob's wish to request the video. Bob's lawyer does not have latitude to "not cooperate" with Bob. Bob is the client, ...
Tiger Guy's user avatar
  • 7,699
1 vote

FOI and Common Law right of access [US]

The common-law right of access to "agency" records is virtually nonexistent, and I know of no jurisdiction in the United States where invoking it would normally be successful. Instead, ...
bdb484's user avatar
  • 61.8k
1 vote

Freezing funds with positive balance

Banks often freeze accounts when ownership appears to be disputed. While being a co-signer can provide authority to withdraw funds from an account, it only sometimes implies ownership of all of the ...
ohwilleke's user avatar
  • 240k
1 vote

Can you be added to a watch list for asking?

There have been claims of government watch lists, some substantiated and some not, for decades. There is a specific database that does exist, the Terrorist Screening Database, which feeds almost a ...
user6726's user avatar
  • 217k
1 vote

Can Lavabit be suspended again?

They make no representations about the law or the efficacy of any encryption scheme. The current law authorizing forced-disclosure, 18 USC 2703, has been amended, but it is not clear what effect the ...
user6726's user avatar
  • 217k
1 vote

Are there states that don't require having a family name?

I don't like the family name appearing in my passport and will likely change it in a bureaucratic procedure in an interior ministry affiliated consulate (outside the borders of the state of which ...
ohwilleke's user avatar
  • 240k

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