DETROIT FREE PRESS INC. v. U.S. DEPT. OF JUSTICE

No. 14-1670.

829 F.3d 478 (2016)

DETROIT FREE PRESS INC., Plaintiff-Appellee, v. UNITED STATES DEPARTMENT OF JUSTICE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 14, 2016.


Attorney(s) appearing for the Case

ARGUED: Steve Frank , United States Department of Justice, Washington, D.C., for Appellant. Robert M. Loeb , Orrick, Herrington & Sutcliffe LLP, Washington, D.C., for Appellee. ON BRIEF: Steve Frank , United States Department of Justice, Washington, D.C., for Appellant. Robert M. Loeb , Thomas M. Bondy , Orrick, Herrington & Sutcliffe LLP, Washington, D.C., Paul R. McAdoo , Aaron & Sanders PLLC, Nashville, Tennessee, Brian P. Goldman , Cynthia B. Stein , Orrick, Herrington & Sutcliffe LLP, San Francisco, California, Herschel P. Fink , Detroit Free Press, Inc., Detroit, Michigan, for Appellee. Daniel J. Klau , McElroy, Deutsch, Mulvaney & Carpenter, LLP, Hartford, Connecticut, David Marburger , Marburger Law LLC, Cleveland, Ohio, for Amici Curiae.

COOK, J., delivered the opinion of the court in which COLE, C.J., and GUY, GIBBONS, ROGERS, SUTTON, McKEAGUE, KETHLEDGE, and WHITE, JJ., joined. COLE, C.J. (pp. 485-86), delivered a separate concurring opinion. BOGGS, J. (pp. 486-94), delivered a separate dissenting opinion in which BATCHELDER, MOORE, CLAY, GRIFFIN, STRANCH, and DONALD, JJ., joined.


OPINION

In 1996, we held that the Freedom of Information Act (FOIA), 5 U.S.C. § 552, required the release of booking photos of criminal defendants who have appeared in court during ongoing proceedings, finding that criminal defendants lack any privacy interest in the photos. Detroit Free Press, Inc. v. Dep...

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