SACK v. U.S. DEPT. OF DEFENSE

No. 14-5039.

823 F.3d 687 (2016)

Kathryn SACK, Appellant v. UNITED STATES DEPARTMENT OF DEFENSE, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided May 20, 2016.


Attorney(s) appearing for the Case

Kelly B. McClanahan argued the cause and filed the briefs for appellant.

Peter R. Maier , Assistant U.S. Attorney, argued the cause for appellee. With him on the brief was R. Craig Lawrence , Assistant U.S. Attorney. Jane M. Lyons , Assistant U.S. Attorney, entered an appearance.

Opinion for the Court filed by Circuit Judge KAVANAUGH.


The Government charges fees to process FOIA requests. Those fees can be significant — in this case about $900 — and can deter or prevent citizens from making FOIA requests.

By statute, educational institutions are eligible for reduced fees when they make FOIA requests. The Government has long determined...

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