Constitutional challenge to FOIA revived

The Virginia Freedom of Information Act limits the right of access to the public records of state and local government in Virginia to the citizens of the Commonwealth. Today in McBurney v. Cuccinelli, the Fourth Circuit in a somewhat split decision reversed the E.D. Va., concluding that some of the out-of-state plaintiffs have shown they have standing to bring a constitutional challenge to this limitation - but not against Mr. Cuccinelli.