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Home > Supreme Court: Can Va. keep out-of-staters from using FOI?

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Supreme Court: Can Va. keep out-of-staters from using FOI?

The Associated Press

October 5, 2012

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WASHINGTON  — The Supreme Court will decide whether Virginia can keep out-of-staters from using its Freedom of Information Act law to get government documents.

The high court on Friday agreed to hear an appeal from Mark J. McBurney of Rhode Island and Roger W. Hurlbert of California. They tried to use the Virginia law to request documents from state officials, but were both denied because they are not Virginia citizens.

The Virginia law limits access to state citizens and some media outlets. The two men say it is unconstitutional to not allow everyone use of a state's FOIA law.

The 4th U.S. Circuit Court of Appeals disagreed, saying the state law's limitations were legal.

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