NEWARK, NJ – On February 20, 2013 the U.S. Supreme Court will hear oral arguments for McBurney v. Young. The case deals with the issue of whether a state may prevent citizens of other states from having the same right of access to public records that the state affords its own citizens.
The Virginia Freedom of Information Act (VFOIA) restriction is being challenged by a former state resident involved in a child-support case. The decision of the Court of Appeals for the Fourth Circuit in McBurney arguably conflicts with a 2006 decision of the Court of Appeals for the Third Circuit in Lee v. Minner invalidating the “citizen only” provision of Delaware’s freedom of information act.
Also see NFOIC joins nonprofits in amicus brief involving Virginia FOIA case for more information.