FOIA Lawsuit
ACLU v. CIA & Knight Institute v. DOD
Three FOIA lawsuits seeking records related to the government censorship system of "prepublication review"
Between 2016 and 2018, the Knight Institute and the ACLU filed four FOIA requests and two related lawsuits seeking records related to “prepublication review,” a far-reaching system of government censorship that prohibits millions of current and former intelligence-agency employees and military personnel from publishing or speaking about their time in government without first obtaining government approval.
The Knight Institute and the ACLU sued to enforce their FOIA requests in order to shed light on prepublication review and its impact on public understanding of the operation of our government.
On April 2, 2019, the Knight Institute and the ACLU filed a lawsuit challenging the constitutionality of prepublication review.
On January 27, 2020, the Knight Institute and the ACLU filed a fifth FOIA request seeking records related to the review of the manuscripts of 25 former federal officials, including former National Security Advisor John Bolton's forthcoming memoir. On June 26, 2020, the Knight Institute and the ACLU sued to enforce this request.
On August 28, 2020, the Knight Institute and the ACLU filed a sixth FOIA request seeking legal opinions and memoranda drafted by the Office of Legal Counsel pertaining to prepublication review.
Records Released by Agency: Central Intelligence Agency (CIA), Defense Intelligence Agency (DIA), Department of the Air Force (Air Force), Department of the Army (Army), Department of Defense (DOD), Department of Energy (DOE), Department of Homeland Security (DHS), Department of Justice (DOJ-OAG, DOJ-OLC, DOJ-NSD), Department of the Navy (Navy), Department of State (DOS), Department of the Treasury (Treasury), Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), Marine Corps (Marines), National Geospatial-Intelligence Agency (NGA), National Reconnaissance Office (NRO), National Security Agency (NSA), Office of the Director of National Intelligence (ODNI), United States Coast Guard (Coast Guard)
Status of ACLU v. CIA: Dismissed on September 29, 2022.
Status of Knight Institute v. DOD: Dismissed on July 29, 2022.
Status of Knight Institute v. DOS: Dismissed on July 6, 2022.
Case Information: ACLU v. CIA, No. 1:16-cv-1256-EGS (D.D.C.); Knight First Amendment Inst. at Columbia Univ. v. DOD, No. 1:18-cv-1129 (D.D.C.); Knight First Amendment Inst. at Columbia Univ. v. DOS, No. 1:20-cv-04911-JGK (S.D.N.Y.).
Featured
Analysis
The Government’s Own Documents Show that Prepublication Review Is Broken
Thousands of documents obtained through FOIA show that prepublication review is a tangled mess
Press Statements
Analysis
Legal Filings
Click to highlight response chains
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Knight Institute v. DOD (D.D.C.)
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Joint Stipulation of Dismissal
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Joint Stipulation of Dismissal
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15th Joint Status Report
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14th Joint Status Report
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13th Joint Status Report
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12th Joint Status Report
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11th Joint Status Report
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10th Joint Status Report
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9th Joint Status Report
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8th Joint Status Report
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7th Joint Status Report
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6th Joint Status Report
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Order (setting CIA processing schedule)
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5th Joint Status Report
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Plaintiffs' Reply
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Declaration of Alex Abdo
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DHS Response Letter (June 3, 2019)
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Email from Knight Institute to Counsel for Defendants (Aug. 31, 2018)
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Email from Knight Institute to Counsel for Defendants (May 18, 2018)
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Government's Opposition
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Declaration of Antoinette B. Shiner
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Exhibits A–L
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Plaintiffs' Motion for a Processing Schedule
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4th Joint Status Report
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3d Joint Status Report
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2d Joint Status Report
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Joint Status Report
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Government's Answer
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Complaint
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FOIA Request 1 - Request for correspondence related to material submitted by twenty-two former national-security officials
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FOIA Request 2 - Nondisclosure agreements, appeals, and sanctions related to prepublication review
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FOIA Request 3 - Prepublication review of James Comey's memoir
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ACLU v. CIA (D.D.C.)
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Stipulation of Dismissal (dismissing Air Force)
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Joint Status Report & Request for Entry of Judgment
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Order
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Opinion
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Plaintiffs' Reply
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CIA's Reply
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Plaintiffs' Cross-Motion for Partial Summary Judgment
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Declaration of Ramya Krishnan
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Exhibits A–I
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Statement of Facts
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Joint Proposed Briefing Schedule
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CIA's Motion for Summary Judgment
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Declaration of Antoinette Shiner
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Exhibit 1
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Exhibit 2
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Exhibit 3
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Statement of Facts
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Stipulation of Dismissal (dismissing all agencies except Air Force & CIA)
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Minute Order (setting briefing schedule)
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Joint Status Report
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Joint Status Report
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12th Joint Proposed Scheduling Order
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11th Joint Proposed Scheduling Order
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10th Joint Proposed Scheduling Order
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9th Joint Proposed Scheduling Order
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8th Joint Proposed Scheduling Order
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7th Joint Proposed Scheduling Order
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6th Joint Proposed Scheduling Order
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5th Joint Proposed Scheduling Order
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4th Joint Proposed Scheduling Order
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Stipulation of Dismissal of Certain Defendants
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3d Joint Proposed Scheduling Order
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2d Joint Proposed Scheduling Order
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Joint Proposed Scheduling Order
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Government's Answer
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Complaint
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FOIA Request
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Knight Institute v. DOS (S.D.N.Y.)
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Stipulation and Order of Dismissal
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7th Joint Status Report
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6th Joint Status Report
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5th Joint Status Report
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4th Joint Status Report
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3d Joint Status Report
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2d Joint Status Report
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Joint Status Report
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Stipulation and Order
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Government's Answer
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Complaint
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Attachment A - FOIA Request (1/27/20)
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Attachment B - Administrative Appeal to DOS (2/29/20)
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Attachment C - Administrative Appeal to DOJ-OIP (3/2/20)
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Attachment D - Administrative Appeal to CIA (3/2/20)
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Attachment E - Administrative Appeal to NSA (3/2/20)
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Attachment F - Administrative Appeal to ODNI (3/2/20)
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FOIA Request
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