FOIA Lawsuit
Knight Institute v. CDC
A FOIA lawsuit seeking policies restricting CDC employees' speech
On April 2, 2020, the Knight Institute filed a FOIA lawsuit seeking records from the Centers for Disease Control and Prevention (CDC) concerning White House and CDC policies restricting the ability of CDC employees to speak to the press and the public, including about the coronavirus pandemic.
According to press reports, the White House began requiring CDC experts to coordinate with the Office of Vice President Mike Pence before speaking with members of the press or public about the pandemic. This policy was put into place after public health officials publicly contradicted the administration’s messaging, which has included inaccurate and misleading information. In addition, the CDC has imposed its own restrictions on the ability of its employees to speak publicly in the past. To the extent that these policies prevent CDC employees from speaking out as private citizens, they raise serious First Amendment concerns.
On March 19, 2020, the Knight Institute submitted a FOIA request for records related to these CDC and White House policies. The Institute filed this lawsuit to expedite and enforce the request. The agency subsequently produced certain records but refused to produce part or all of others. The Knight Institute challenged the CDC’s withholdings and the adequacy of its search, and on September 17, 2021, the district court ordered the CDC to release in full or in part the withheld documents and ordered the agency to conduct a new search.
Status: Dismissed on April 22, 2024.
Case Information: Knight First Amendment Inst. at Columbia Univ. v. CDC, No. 1:20-cv-2761 (S.D.N.Y.).
Press Statements
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In Knight Institute Lawsuit, Court Orders CDC to Release Trump Administration Policies Restricting Employees’ Ability to Speak to Press and Public
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Knight Institute Sues CDC for Release of Policies Restricting Employees’ Ability to Speak to Press and Public
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Knight Institute Asks CDC for Policies Restricting Employees’ Speech
Analysis
Reading Room
The CDC's Employee Speech Policies
Documents released in our FOIA lawsuit for the CDC's policies on employee speech
Legal Filings
Click to highlight response chains
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KEY DOCUMENTS
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S.D.N.Y.
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Stipulation of Settlement and Dismissal
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Joint Letter
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Joint Letter
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Joint Letter
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Joint Letter
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Joint Letter
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Joint Letter
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Joint Letter
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Joint Letter
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Joint Letter
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Joint Letter
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Order (denying motion)
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Plaintiff's Letter
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Government's Declaration of Jamila H. Jones
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Exhibit A
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Plaintiff's Notice of Supplemental Authority
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Exhibit A - NRDC v. EPA
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Order (setting 12/17/21 deadline for government's affidavit)
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Declaration of Anna Diakun
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Exhibit A
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Exhibit B
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Joint Motion (re: the parties' positions on CDC's new search)
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Declaration of Roger Andoh
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Exhibit
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Government's Letter (submitting Document 12 under seal)
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Declaration of Michelle Bonds
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Order (granting government's request for stay)
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Plaintiff's Response
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Government's Motion to Stay
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Order (denying government's motion for summary judgment)
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Plaintiff's Notice of Supplemental Authority
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Exhibit 1 - RCFP v. FBI
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Government's Letter Response
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Plaintiff's Notice of Supplemental Authority
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Exhibit 1 - U.S. Fish & Wildlife v. Sierra Club
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Plaintiff's Letter
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Government's Letter
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Plaintiff's Reply
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Supplemental Declaration of Jennifer Pinsof
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Exhibit 1
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Exhibit 2
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Exhibit 3
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Government's Reply
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Supplemental Declaration of Roger Andoh
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Declaration of Natasha W. Teleanu
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Exhibit
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Plaintiff's Opposition
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Declaration of Jennifer Pinsof
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Exhibits 1–10
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Exhibits 11–16
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Government's Motion for Summary Judgment
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Declaration of Roger Andoh
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Vaughn Index
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Order (setting briefing schedule)
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Joint Letter (re: parties' outstanding disputes and proposed briefing schedule)
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Exhibit A
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Order (setting date for joint status report)
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Government’s Letter (re: completion of productions)
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Government’s Letter (re: production date)
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Order (setting processing schedule)
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Joint Letter
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Exhibit A
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Government's Answer
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Amended Complaint
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Complaint
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Exhibit A - FOIA Request
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Exhibit B - CDC Response re: processing time
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Exhibit C - CDC Response re: broadness of request
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FOIA Request
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