Virginia Freedom of Information Act Under Scrutiny for Being Unconstitutional

31 Dec

Pending before the US Supreme Court is McBurney v. Young, which will be heard on February 20, 2013.   The issue presented is:

Whether, under the Privileges and Immunities Clause of Article IV and the dormant Commerce Clause of the United States Constitution, a state may preclude citizens of other states from enjoying the same right of access to public records that the state affords its own citizens.

Apparently some in Virginia government take the position that they do not have to respond to FOIA requests to those living outside the state.

For more background: Kimberly, William Scott, Unshackling the Freedom of Information: Open Records Laws and the Right of Non-Citizen Records Access (August 26, 2012). Available at SSRN: or