Usfs

Democracy functions ill in shadow, yet government bureaucracies are notoriously reluctant to reveal their internal processes. Recognizing this tension, Congress passed the Freedom of Information Act (“FOIA”) in 1966. FOIA fosters transparency by adopting a baseline presumption that information in the hands of the government belongs to the people and must be disclosed on request. But some secrecy is necessary, so FOIA includes several narrow exemptions. We consider how much the government must explain to show that an exemption blocks the release of requested information.

I. Background

Mark Kowack teaches disadvantaged youth at the Trapper Creek Center in Darby, Montana as part of the Forest Service Job Corps Program. Kowack claims that in 2008 he “began experiencing threats, aggression, and workplace hostility from certain of his co-workers.” He says he feared for the safety of himself and his students.

After Kowack filed a complaint and sought help from one of his senators, the Director of the Jobs Corps National Center launched an investigation into “allegations of work place violence, threatening remarks and a negative work place cul ture” at the Trapper Creek…