The Reporters Committee for Freedom of the Press offers practical advice from experienced investigative journalists on using the federal Freedom of Information Act (FOIA) to uncover public records. The central message is that successful FOIA work requires research, precision and persistence, rather than simply submitting broad requests.
Key points
1. Find FOIA ideas through reporting.
Journalists recommend looking for documents mentioned in news stories, congressional hearings, government reports and previous investigations. Jason Leopold, senior investigative reporter, Bloomberg News, suggests duplicating document requests made by congressional committees.
Reese Dunklin, reporter, ProPublica recommends examining System of Records Notices (SORNs), which describe government databases and the types of records they contain. These can reveal potential stories and help journalists identify exactly what records to request.
2. Do your homework before filing.
Dunklin emphasizes spending significant time researching before submitting a request. Reporters should examine previous FOIA requests, agency organization charts, prior news coverage and the relevant laws. The goal is to identify the right agency, office, people, documents and timeframe. Narrow, specific requests are more likely to produce useful records quickly.
3. Be extremely specific in the request.
Several journalists stress that vague requests can result in delays, clarification requests or overwhelming amounts of irrelevant material. Requests should identify specific records, people, offices and dates whenever possible. Kimbriell Kelly, editor-in-chief, Chicago Public Mediarecommends studying successful FOIA requests and avoiding words such as “all,” which can produce an unmanageable volume of records
4. Don’t overlook expedited processing.
Investigative reporter Azmat Khan of The New York Times recommends researching an agency’s average response time and the circumstances under which journalists can request expedited processing. If the story involves an urgent public-interest issue, reporters should explain why the request qualifies and provide supporting evidence.
5. Always appeal denials.
This is perhaps the strongest message throughout the article: don’t accept an initial denial as the final answer. Journalists recommend reading the law or court decisions cited by the agency and determining whether they actually support the denial. In some cases, an appeal has resulted in records being released after an agency initially refused them.
6. Keep improving your process.
Kelly recommends saving successful FOIA requests and creating templates for future requests. Reporters should also monitor their requests closely because appeal deadlines can be short.
Best practices
- Ask a specific question.
- Research what records exist.
- Identify the right agency and records.
- Write a narrow, precise request.
- Follow up.
- Appeal if necessary.
The journalists also stress that FOIA is not a push-button research tool. The strongest results come when reporters approach a records request with the same preparation they would give an important interview.
Editor & Publisher – How to file FOIA requests like a pro
