Topic: Freedom of Information Act/ Use/Appropriateness of FOIA letter
Title: Celebrating Press Freedom: The Freedom of Information Act
By Rachelle Oglivie, Kent State University journalism education student, and prepared as part of the requirements for Teaching Journalism in the 21st Century, an online course in journalism education
Overview: The importance of freedom, press freedom and freedom of information
are guaranteed; yet not always enforced. As future journalists, these high school
students have an obligation to recognize their role in protecting and exercising
such freedoms. When such rights come under attack, these students should know
their freedoms and obligations of conveying these freedoms for the general welfare
of the public. This lesson plan will educate these future journalists of such
rights as well as set limits. This unit will introduce students to a very crucial
aspect of journalism. But such a pivotal part of our democracy is not without
set boundaries. The Freedom of Information Act should not be abused or thrown
upon sources as ultimatum. This plan will outline the appropriateness of utilizing
such a journalistic tool, and ensure that this tool is not abused.
Goals:
• Identify and explain significance of First Amendment rights
• Research and understand the Freedom of Information Act (1966)
• Identify and outline when and when not to use the FOIA letter
• Justify why/how the reporter would use the letter (cite possible examples)
• Understand how a FOIA letter make work against the reporter
Objectives:
Students will be able to:
• Understand the First Amendment rights individually and collectively
•
Explain in their own words the history of the Freedom of Information Act and
it’s significance in both within and outside of journalism
• Distinguish when it is and is not appropriate to write a FOIA letter
• List alternatives before resorting to such and action
• Discuss and comprehend possible situations when a FOIA letter may be
the only
resort
• Comprehend basics of writing an FOIA letter
• Understand exemptions that exist
Timeline:This unit will be coursework for the week, including a detailed assignment
due Friday.
Activity 1: The Importance of First Amendment Rights
In class: Refer to Law of the Student Press, Chapter 1: Introduction to the
five components of the First Amendment. Students will:
•
Identify each right and discuss why it is so crucial to our society. What are
behind those words? Why were these at the top of the founding fathers’ list?
• Students will be divided into five groups of six. Each group will be
assigned a right of the First Amendment. They will take what was discussed
in class and
write a small summary of why this right may play a pivotal role in a case.
How would life be different without this right? Students will write examples
of how
they see this right taken for granted.
•
The purpose of this exercise is to familiarize students with each right – sometimes
lost under “First Amendment.”
• I will make copies of all summaries. Each student will have a packet
of the five
summaries to work with the remainder of the unit.
Activity 2: Introduction: Freedom of Information Act (1966)
In class: Before President Johnson signed this bill into law, the burden
of proof lay on an individual. This law transferred that burden to the government,
businesses
and agencies. Students will:
• Read and comprehend the history prior to, surrounding and since the signing
of
the FOIA in 1966. In depth discussion will display knowledge.
• Understand the “exempted areas” beyond that of FOIA. Students
will refer to the National Institute of Standards and Technology web site
for info:
http://www.nist.gov/admin/foia/foia.htm#sample
Exemptions include:
Exemption 1 - Classified documents
Exemption 2 - Internal agency rules
Exemption 3 - Information exempted by another federal statute (including
growth because of Patriot Acts on Federal and State levels)
Exemption 4 - Confidential business information
Exemption 5 - Internal government communications
Exemption 6 - Personal privacy
Exemption 7 - Law enforcement
Exemption 8 - Financial institutional records
Exemption 9 - Geological information
Students will also be given a sample of a FOIA letter
Source: http://NIST www.nist.gov/
Sample:
Freedom of Information Act Request Letter
Agency Head [or Freedom of Information Officer]
Name of Agency
Address of Agency
City, State, Zip Code
Re: Freedom of Information Act Request
Dear ___________________:
This is a request under the Freedom of Information Act, 5 U.S.C. Sec. 552.
I request that a copy of the following documents [or documents containing
the following information] be provided to me: [identify the documents or
information
as specifically as possible].
In order to help to determine my status to assess fees, you should know that
I am [insert a suitable description of the requester and the purpose of the
request].
[Sample requester descriptions:
--A representative of the news media affiliated with (a newspaper, magazine,
television station, etc., or a public interest organization that publishes
or disseminates information, etc.), and this request is made as part of news
gathering
and not for a commercial use.
--Affiliated with an educational or noncommercial scientific institution,
and this request is made for a scholarly or scientific purpose and not for
a commercial
use.
--An individual seeking information for personal use and not for a commercial
use.
--Affiliated with a private corporation and am seeking information for use
in the company's business.]
[Optional] I am willing to pay fees for this request up to a maximum of $[
]. If you estimate that the fees will exceed this amount, please inform me
first.
[Optional] I request a waiver of all fees for this request. Disclosure of
the requested information to me is in the public interest because it is likely
to
contribute significantly to public understanding of the operations or activities
of the government and is not primarily in my commercial interest. [Include
a specific explanation.]
Thank you for your consideration of this request.
Sincerely,
Name
Address
City, State, Zip Code
Telephone Number [optional]
Activity 3: Out of class assignments
After students have spent the majority of the week studying all aspect of
the FOIA and the First Amendment, they will prepare any questions they may
have.
Following questions, students will refer to the Law of the Student Press,
Chapter 18 on the Freedom of Information Law. As a long-term assignment due
Friday, students
will:
• Choose an example where they feel a FOIA request would be appropriate.
Cite and
justify. How is this information crucial to their story
• Write an example letter addressing their concerns and request.
• Cite examples from exemptions where they may run into possible problems?
How
would they appeal?
•
Explain how this request may cause more tension since 9/11? Do they feel some
of these exemptions have more of a ‘blanket’ since 9/11?
• Explain how the FOIA is necessary for this example, yet how may reporters
abuse
this powerful tool?
Students are free to bring questions and/or rough drafts of assignment for
assessment throughout the week before submitting final copy Friday.