OPINION OF THE COURT
NATIONAL ARCHIVES AND RECORDS ADMIN. V. FAVISH
541 U. S. ____ (2004)
SUPREME COURT OF THE UNITED STATES
NO. 02-954
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION,
PETITIONER
v. ALLAN J. FAVISH et al.
on writ of certiorari to the united states court of
appeals for the ninth circuit
[March 30, 2004]
Justice Kennedy delivered the
opinion of the Court.
This case requires us to
interpret the Freedom of Information Act (FOIA), 5 U. S. C.
§552. FOIA does not apply if the requested data fall within one or
more exemptions. Exemption 7(C) excuses from disclosure “records or
in- formation compiled for law enforcement purposes” if their
production “could reasonably be expected to constitute an
unwarranted invasion of personal privacy.” §552(b)(7)(C).
In
Department of Justice v.
Reporters Comm. for Freedom of Press, 489 U. S. 749 (1989), we
considered the scope of Exemption 7(C) and held that release of the
document at issue would be a prohibited invasion of the personal
privacy of the person to whom the document referred. The principal
document involved was the criminal record, or rap sheet, of the
person who himself objected to the disclosure. Here, the
information pertains to an official investigation into the
circumstances surrounding an apparent suicide. The initial question
is whether the exemption extends to the decedent’s family when the
family objects to the release of photographs showing the condition
of the body at the scene of death. If we find the decedent’s family
does have a personal privacy interest recognized by the statute, we
must then consider whether that privacy claim is outweighed by the
public interest in disclosure.
I
Vincent Foster, Jr., deputy
counsel to President Clinton, was found dead in Fort Marcy Park,
located just outside Washington, D. C. The United States Park
Police conducted the initial investigation and took color
photographs of the death scene, including 10 pictures of Foster’s
body. The investigation concluded that Foster committed suicide by
shooting himself with a revolver. Subsequent investigations by the
Federal Bureau of Investigation, committees of the Senate and the
House of Representatives, and independent counsels Robert Fiske and
Kenneth Starr reached the same conclusion. Despite the unanimous
finding of these five investigations, a citizen interested in the
matter, Allan Favish, remained skeptical. Favish is now a
respondent in this proceeding. In an earlier proceeding, Favish was
the associate counsel for Accuracy in Media (AIM), which applied
under FOIA for Foster’s death-scene photographs. After the National
Park Service, which then maintained custody of the pictures,
resisted disclosure, Favish filed suit on behalf of AIM in the
District Court for the District of Columbia to compel production.
The District Court granted summary judgment against AIM. The Court
of Appeals for the District of Columbia unanimously affirmed.
Accuracy in Media, Inc. v.
National Park Serv.,
194 F. 3d 120 (1999).
Still convinced that the
Government’s investigations were “ ‘grossly incomplete and
untrustworthy,’ ” App. to Pet. for Cert. 57a, Favish filed the
present FOIA request in his own name, seeking, among other things,
11 pictures, 1 showing Foster’s eyeglasses and 10 depicting various
parts of Foster’s body. Like the National Park Service, the Office
of Independent Counsel (OIC) refused the request under Exemption
7(C).
Again, Favish sued to compel production, this
time in the United States District Court for the Central District
of California. As a preliminary matter, the District Court held
that the decision of the Court of Appeals for the District of
Columbia did not have collateral estoppel effect on Favish’s
California lawsuit brought in his personal capacity. On the merits,
the court granted partial summary judgment to OIC. With the
exception of the picture showing Foster’s eyeglasses, the court
upheld OIC’s claim of exemption. Relying on the so-called
Vaughn index provided by the Government—a narrative
description of the withheld photos, see
Vaughn v.
Rosen, 484 F. 2d 820 (CADC 1973)—the court held,
first, that Foster’s surviving family members enjoy personal
privacy interests that could be infringed by disclosure of the
photographs. App. to Pet. for Cert. 56a. It then found, with
respect to the asserted public interest, that “[Favish] has not
sufficiently explained how disclosure of these photographs will
advance his investigation into Foster’s death.”
Id., at
59a. Any purported public interest in disclosure, moreover, “is
lessened because of the exhaustive investigation that has already
occurred regarding Foster’s death.”
Id., at 58a. Balancing
the competing interests, the court concluded that “the privacy
interests of the Foster family members outweigh the public interest
in disclosure.”
Id., at 59a.
On the first appeal to the Court of Appeals
for the Ninth Circuit, the majority reversed and remanded, over
Judge Pregerson’s dissent. 217 F. 3d 1168 (2000). In the
majority’s view, although evidence or knowledge of misfeasance by
the investigative agency may “enhanc[e] the urgency of the [FOIA]
request,” “[n]othing in the statutory command conditions
[disclosure] on the requesting party showing that he has knowledge
of misfeasance by the agency.”
Id., at 1172–1173.
Furthermore, because “Favish, in fact, tenders evidence and
argument which, if believed, would justify his doubts,” the FOIA
request “is in complete conformity with the statutory purpose that
the public know what its government is up to.”
Ibid. This
was so, the Court of Appeals held, even in the face of five
previous investigations into Foster’s death: “Nothing in the
statutory command shields an agency from disclosing its records
because other agencies have engaged in similar
investigations… . [I]t is a feature of famous cases that
they generate controversy, suspicion, and the desire to second
guess the authorities.”
Id., at 1173. As the majority read
the statute, there is “a right to look, a right to speculate and
argue again, a right of public scrutiny.”
Ibid.
The Court of Appeals, however, agreed with the
District Court that the exemption recognizes the Foster family
members’ right to personal privacy. Although the pictures contain
no information about Foster’s relatives, the statute’s protection
“extends to the memory of the deceased held by those tied closely
to the deceased by blood or love.”
Ibid. Nevertheless, the
majority held that the District Court erred in balancing the
relevant interests based only on the
Vaughn index. While
“the [D]istrict [C]ourt has discretion to decide a FOIA case on the
basis of affidavits, and affidavits are in some cases sufficient,”
“the agency affidavits are insufficiently detailed.”
Id.,
at 1174. It remanded the case to the District Court to examine the
photos
in camera and, “consistent with [the Court of
Appeals’] opinion,” “balance the effect of their release on the
privacy of the Foster family against the public benefit to be
obtained by their release.”
Ibid.
On remand, the District Court ordered
release of the following five photographs:
“ The photograph identified as
‘3—VF’s [Vincent Fos- ter’s] body looking down
from top of berm’ must be released, as the
photograph is not so explicit as to overcome the
public interest.
. . . . .
“ The photograph entitled ‘5—VF’s body—focusing
on Rt. side of shoulder arm’ is again of such a
nature as to be discoverable in that it is not
focused in such a manner as to unnecessarily
impact the privacy in-
terests of the family.
. . . . .
“ The photograph entitled ‘1—Right hand showing
gun & thumb in guard’ is discoverable as it
may be probative of the public’s right to
know.
. . . . .
“ The photograph entitled ‘4—VF’s body focusing
on right side and arm’ is discoverable.
“ The photograph entitled ‘5—VF’s body—focus on
top of head thru heavy foliage’ is discoverable.”
App. to Pet. for Cert. 45a.
On the second appeal to the same
panel, the majority, again over Judge Pregerson’s dissent, affirmed
in part. 37 Fed. Appx. 863 (2002). Without providing any
explanation, it upheld the release of all the pictures, “except
that photo 3—VF’s body looking down from top of berm is to be
withheld.”
Id., at 864.
We granted OIC’s petition for a
writ of certiorari to resolve a conflict in the Courts of Appeals
over the proper interpretation of Exemption 7(C).
538 U. S. 1012 (2003).
The only documents at issue in this case are the four photographs
the Court of Appeals ordered released in its 2002 unpublished
opinion. We reverse.
The OIC terminated its operations
on March 23, 2004, see 28 U. S. C. §596(b)(2), and transferred
all records—including the photographs that are the subject of
Favish’s FOIA request—to the National Archives and Records
Administration, see §594(k)(1). The National Archives and Records
Administration has been substituted as petitioner in the caption of
this case. As all the actions relevant to our disposition of the
case took place before March 23, 2004, we continue to refer to
petitioner as OIC in this opinion.
II
It is common ground among the
parties that the death-scene photographs in OIC’s possession are
“records or information compiled for law enforcement purposes” as
that phrase is used in Exemption 7(C). App. 87
. This leads
to the question whether disclosure of the four photographs “could
reasonably be expected to constitute an unwarranted invasion of
personal privacy.”
Favish contends the family has no
personal privacy interest covered by Exemption 7(C). His argument
rests on the proposition that the information is only about the
decedent, not his family. FOIA’s right to personal privacy, in his
view, means only “the right to control information about oneself.”
Brief for Respondent Favish 4. He quotes from our decision in
Reporters Committee, where, in holding that a person has a
privacy interest sufficient to prevent disclosure of his own rap
sheet, we said “the common law and the literal understandings of
privacy encompass the individual’s control of information
concerning his or her person.” 489 U. S., at 763. This means,
Favish says, that the individual who is the subject of the
information is the only one with a privacy interest.
We disagree. The right to personal privacy is
not confined, as Favish argues, to the “right to control
information about oneself.” Brief for Respondent Favish 4. Favish
misreads the quoted sentence in
Reporters Committee and
adopts too narrow an interpretation of the case’s holding. To say
that the concept of personal privacy must “encompass” the
individual’s control of information about himself does not mean it
cannot encompass other personal privacy interests as well.
Reporters Committee had no occasion to consider whether
individuals whose personal data are not contained in the requested
materials also have a recognized privacy interest under Exemption
7(C).
Reporters Committee explained,
however, that the concept of personal privacy under Exemption 7(C)
is not some limited or “cramped notion” of that idea. 489 U. S., at
763. Records or information are not to be released under the Act if
disclosure “could reasonably be expected to constitute an
unwarranted invasion of personal privacy.” 5 U. S. C.
§552(b)(7). This provision is in marked contrast to the language in
Exemption 6, pertaining to “personnel and medical files,” where
withholding is required only if disclosure “would constitute a
clearly unwarranted invasion of personal privacy.” §552(b)(6). The
adverb “clearly,” found in Exemption 6, is not used in Exemption
7(C). In addition, “whereas Exemption 6 refers to disclosures that
‘would constitute’ an invasion of privacy, Exemption 7(C)
encompasses any disclosure that ‘could reasonably be expected to
constitute’ such an invasion.”
Reporters Committee, 489 U.
S., at 756. Exemption 7(C)’s comparative breadth is no mere
accident in drafting. We know Congress gave special consideration
to the language in Exemption 7(C) because it was the result of
specific amendments to an existing statute. See
id., at
756, n. 9, 777, n. 22.
Law enforcement documents obtained by
Government investigators often contain information about persons
interviewed as witnesses or initial suspects but whose link to the
official inquiry may be the result of mere happenstance. There is
special reason, therefore, to give protection to this intimate
personal data, to which the public does not have a general right of
access in the ordinary course.
Id., at 773. In this class
of cases where the subject of the documents “is a private citizen,”
“the privacy interest … is at its apex.”
Id., at 780.
Certain
amici in support of Favish
rely on the modifier “personal” before the word “privacy” to
bolster their view that the family has no privacy interest in the
pictures of the decedent. This, too, misapprehends the family’s
position and the scope of protection the exemption provides. The
family does not invoke Exemption 7(C) on behalf of Vincent Foster
in its capacity as his next friend for fear that the pictures may
reveal private information about Foster to the detriment of his own
posthumous reputation or some other interest personal to him. If
that were the case, a different set of considerations would
control. Foster’s relatives instead invoke their own right and
interest to personal privacy. They seek to be shielded by the
exemption to secure their own refuge from a sensation-seeking
culture for their own peace of mind and tranquility, not for the
sake of the deceased.
In a sworn declaration filed with the District
Court, Foster’s sister, Sheila Foster Anthony, stated that the
family had been harassed by, and deluged with requests from,
“[p]olitical and commercial opportunists” who sought to profit from
Foster’s suicide. App. 94. In particular, she was “horrified and
devastated by [a] photograph [already] leaked to the press.”
Ibid. “Every time I see it,” Sheila Foster Anthony wrote,
“I have nightmares and heart-pounding insomnia as I visualize how
he must have spent his last few minutes and seconds of his life.”
Ibid. She opposed the disclosure of the disputed pictures
because “I fear that the release of [additional] photographs
certainly would set off another round of intense scrutiny by the
media. Undoubtedly, the photographs would be placed on the Internet
for world consumption. Once again my family would be the focus of
conceivably unsavory and distasteful media coverage.”
Id.,
at 95. “[R]eleasing any photographs,” Sheila Foster Anthony
continued, “would constitute a painful unwarranted invasion of my
privacy, my mother’s privacy, my sister’s privacy, and the privacy
of Lisa Foster Moody (Vince’s widow), her three children, and other
members of the Foster family.”
Id., at 93.
As we shall explain below, we think it proper
to conclude from Congress’ use of the term “personal privacy” that
it intended to permit family members to assert their own privacy
rights against public intrusions long deemed impermissible under
the common law and in our cultural traditions. This does not mean
that the family is in the same position as the individual who is
the subject of the disclosure. We have little difficulty, however,
in finding in our case law and traditions the right of family
members to direct and control disposition of the body of the
deceased and to limit attempts to exploit pictures of the deceased
family member’s remains for public purposes.
Burial rites or their counterparts have been
respected in almost all civilizations from time immemorial. See
generally 26 Encyclopaedia Britannica 851 (15th ed. 1985) (noting
that “[t]he ritual burial of the dead” has been practiced “from the
very dawn of human culture and … in most parts of the world”); 5
Encyclopedia of Religion 450 (1987) (“[F]uneral rites … are the
conscious cultural forms of one of our most ancient, universal, and
unconscious impulses”). They are a sign of the respect a society
shows for the deceased and for the surviving family members. The
power of Sophocles’ story in Antigone maintains its hold to this
day because of the universal acceptance of the heroine’s right to
insist on respect for the body of her brother. See Antigone of
Sophocles, 8 Harvard Classics: Nine Greek Dramas 255 (C. Eliot ed.
1909). The outrage at seeing the bodies of American soldiers
mutilated and dragged through the streets is but a modern instance
of the same understanding of the interests decent people have for
those whom they have lost. Family members have a personal stake in
honoring and mourning their dead and objecting to unwarranted
public exploitation that, by intruding upon their own grief, tends
to degrade the rites and respect they seek to accord to the
deceased person who was once their own.
In addition this well-established cultural
tradition acknowledging a family’s control over the body and death
images of the deceased has long been recognized at common law.
Indeed, this right to privacy has much deeper roots in the common
law than the rap sheets held to be protected from disclosure in
Reporters Committee. An early decision by the New York
Court of Appeals is typical:
“It is the right of privacy of the living which it
is sought to enforce here. That right may in some cases be itself
violated by improperly interfering with the character or memory of
a deceased relative, but it is the right of the living, and not
that of the dead, which is recognized. A privilege may be given the
surviving relatives of a deceased person to protect his memory, but
the privilege exists for the benefit of the living, to protect
their feelings, and to prevent a violation of their own rights in
the character and memory of the deceased.”
Schuyler v.
Curtis, 147 N. Y. 434, 447, 42 N. E. 22, 25
(1895).
See also
Reid v.
Pierce County,
136 Wash. 2d 195, 212, 961 P. 2d 333, 342 (1998) (“[T]he
immediate relatives of a decedent have a protectable privacy
interest in the autopsy records of the deceased”);
McCambridge v.
Little Rock, 298 Ark. 219,
231–232, 766 S. W. 2d 909, 915 (1989) (recognizing the privacy
interest of the murder victim’s mother in crime scene photographs);
Bazemore v.
Savannah Hospital, 171 Ga. 257, 155
S. E. 194 (1930)
(per curiam) (recognizing parents’
right of privacy in photographs of their deceased child’s body);
Restatement (Second) of Torts §652D, p. 387 (1977)
(recognizing that publication of a photograph of a deceased
infant—a hypothetical “child with two heads”—over the objection of
the mother would result in an “inva[sion]” of the mother’s
“privacy”).
We can assume Congress legislated against this
background of law, scholarship, and history when it enacted FOIA
and when it amended Exemption 7(C) to extend its terms. Those
enactments were also against the background of the Attorney
General’s consistent interpretation of the exemption to protect
“members of the family of the person to whom the information
pertains,” U. S. Dept. of Justice, Attorney General’s Memorandum on
the Public Information Section of the Administrative Procedure Act
36 (June 1967), and to require consideration of the privacy of
“relatives or descendants” and the “possible adverse effects [from
disclosure] upon [the individual] or his family,” U. S. Dept. of
Justice Memorandum on the 1974 Amendments to the Freedom of
Information Act 9–10 (Feb. 1975), reprinted in House Committee on
Government Operations and Senate Committee on the Judiciary,
Freedom of Information Act and Amendments of 1974 (Pub. L. 93–502),
Source Book, App. 5, pp. 519–520, 94th Cong., 1st Sess. (Joint
Comm. Print. 1975).
We have observed that the statutory privacy
right protected by Exemption 7(C) goes beyond the common law and
the Constitution. See
Reporters Committee, 489 U. S., at
762, n. 13 (contrasting the scope of the privacy protection
under FOIA with the analogous protection under the common law and
the Constitution); see also
Marzen v.
Department of
Health and Human Servs., 825 F. 2d 1148, 1152 (CA7 1987)
(“[T]he privacy interest protected under FOIA extends beyond the
common law”). It would be anomalous to hold in the instant case
that the statute provides even less protection than does the common
law.
The statutory scheme must be understood,
moreover, in light of the consequences that would follow were we to
adopt Favish’s position. As a general rule, withholding information
under FOIA cannot be predicated on the identity of the requester.
See
Reporters Committee, supra, at 771. We are advised by
the Government that child molesters, rapists, murderers, and other
violent criminals often make FOIA requests for autopsies,
photographs, and records of their deceased victims. Our holding
ensures that the privacy interests of surviving family members
would allow the Government to deny these gruesome requests in
appropriate cases. We find it inconceivable that Congress could
have intended a definition of “personal privacy” so narrow that it
would allow convicted felons to obtain these materials without
limitations at the expense of surviving family members’ personal
privacy.
For these reasons, in agreement with the
Courts of Appeals for both the District of Columbia and the Ninth
Circuit, see
Accuracy in Media v.
National Park
Serv., 194 F. 3d 120 (CADC 1999); 217 F. 3d 1168
(CA9 2000), we hold that FOIA recognizes surviving family members’
right to personal privacy with respect to their close relative’s
death-scene images. Our holding is consistent with the unanimous
view of the Courts of Appeals and other lower courts that have
addressed the question. See,
e.g., New York Times
Co. v.
National Aeronautics and Space Admin., 782
F. Supp. 628, 631, 632 (CADC 1991) (sustaining a privacy claim
under the narrower Exemption 6 with respect to an audiotape of the
Space Shuttle Challenger astronauts’ last words, because
“[e]xposure to the voice of a beloved family member immediately
prior to that family member’s death … would cause the
Challenger families pain” and inflict “a disruption [to] their
peace of mind every time a portion of the tape is played within the
hearing”), on remand from 920 F. 2d 1002 (CADC 1990);
Katz v.
National Archives and Records Admin., 862
F. Supp. 476, 485 (DC 1994) (exempting from FOIA disclosure
autopsy X-rays and photographs of President Kennedy on the ground
that their release would cause “additional anguish” to the
surviving family), aff’d on other grounds, 68 F. 3d 1438 (CADC
1995);
Lesar v.
Department of Justice, 636
F. 2d 472, 487 (CADC 1980) (recognizing, with respect to the
assassination of Dr. Martin Luther King, Jr., his survivors’
privacy interests in avoiding “annoyance or harassment”). Neither
the deceased’s former status as a public official, nor the fact
that other pictures had been made public, detracts from the weighty
privacy interests involved.
III
Our ruling that the personal
privacy protected by Exemption 7(C) extends to family members who
object to the disclosure of graphic details surrounding their
relative’s death does not end the case. Although this privacy
interest is within the terms of the exemption, the statute directs
nondisclosure only where the information “could reasonably be
expected to constitute an unwarranted invasion” of the family’s
personal privacy. The term “unwarranted” requires us to balance the
family’s privacy interest against the public interest in
disclosure. See
Reporters Committee, 489 U. S., at
762.
FOIA is often explained as a
means for citizens to know “what the Government is up to.”
Id., at 773. This phrase should not be dismissed as a
convenient formalism. It defines a structural necessity in a real
democracy. The statement confirms that, as a general rule, when
documents are within FOIA’s disclosure provisions, citizens should
not be required to explain why they seek the information. A person
requesting the information needs no preconceived idea of the uses
the data might serve. The information belongs to citizens to do
with as they choose. Furthermore, as we have noted, the disclosure
does not depend on the identity of the requester. As a general
rule, if the information is subject to disclosure, it belongs to
all.
When disclosure touches upon certain areas
defined in the exemptions, however, the statute recognizes
limitations that compete with the general interest in disclosure,
and that, in appropriate cases, can overcome it. In the case of
Exemption 7(C), the statute requires us to protect, in the proper
degree, the personal privacy of citizens against the uncontrolled
release of information compiled through the power of the state. The
statutory direction that the information not be released if the
invasion of personal privacy could reasonably be expected to be
unwarranted requires the courts to balance the competing interests
in privacy and disclosure. To effect this balance and to give
practical meaning to the exemption, the usual rule that the citizen
need not offer a reason for requesting the information must be
inapplicable.
Where the privacy concerns addressed by
Exemption 7(C) are present, the exemption requires the person
requesting the information to establish a sufficient reason for the
disclosure. First, the citizen must show that the public interest
sought to be advanced is a significant one, an interest more
specific than having the information for its own sake. Second, the
citizen must show the information is likely to advance that
interest. Otherwise, the invasion of privacy is unwarranted.
We do not in this single decision attempt to
define the reasons that will suffice, or the necessary nexus
between the requested information and the asserted public interest
that would be advanced by disclosure. On the other hand, there must
be some stability with respect to both the specific category of
personal privacy interests protected by the statute and the
specific category of public interests that could outweigh the
privacy claim. Otherwise, courts will be left to balance in an
ad hoc manner with little or no real guidance.
Id.,
at 776. In the case of photographic images and other data
pertaining to an individual who died under mysterious
circumstances, the justification most likely to satisfy Exemption
7(C)’s public interest requirement is that the information is
necessary to show the investigative agency or other responsible
officials acted negligently or otherwise improperly in the
performance of their duties.
The Court of Appeals was correct to rule that
the family has a privacy interest protected by the statute and to
recognize as significant the asserted public interest in uncovering
deficiencies or misfeasance in the Government’s investigations into
Foster’s death. It erred, however, in defining the showing Favish
must make to substantiate his public interest claim. It stated that
“[n]othing in the statutory command conditions [disclosure] on the
requesting party showing that he has knowledge of misfeasance by
the agency” and that “[n]othing in the statutory command shields an
agency from disclosing its records because other agencies have
engaged in similar investigations.” 217 F. 3d, at 1172–1173.
The court went on to hold that, because Favish has “tender[ed]
evidence and argument which, if believed, would justify his
doubts,” the FOIA request “is in complete conformity with the
statutory purpose that the public know what its government is up
to.”
Id., at 1173. This was insufficient. The Court of
Appeals required no particular showing that any evidence points
with credibility to some actual misfeasance or other impropriety.
The court’s holding leaves Exemption 7(C) with little force or
content. By requiring courts to engage in a state of suspended
disbelief with regard to even the most incredible allegations, the
panel transformed Exemption 7(C) into nothing more than a rule of
pleading. The invasion of privacy under its rationale would be
extensive. It must be remembered that once there is disclosure, the
information belongs to the general public. There is no mechanism
under FOIA for a protective order allowing only the requester to
see whether the information bears out his theory, or for
proscribing its general dissemination.
We hold that, where there is a privacy
interest protected by Exemption 7(C) and the public interest being
asserted is to show that responsible officials acted negligently or
otherwise improperly in the performance of their duties, the
requester must establish more than a bare suspicion in order to
obtain disclosure. Rather, the requester must produce evidence that
would warrant a belief by a reasonable person that the alleged
Government impropriety might have occurred. In
Department of
State v.
Ray, 502 U. S. 164 (1991), we
held there is a presumption of legitimacy accorded to the
Government’s official conduct.
Id., at 178–179. The
presumption perhaps is less a rule of evidence than a general
working principle. However the rule is characterized, where the
presumption is applicable, clear evidence is usually required to
displace it. Cf.
United States v.
Armstrong, 517 U. S. 456, 464
(1996) (“ ‘[I]n the absence of clear evidence to the contrary,
courts presume that [Government agents] have properly discharged
their official duties.’ ”);
United States v.
Chemical Foundation, Inc., 272 U. S. 1, 14–15 (1926)
(“The presumption of regularity supports the official acts of
public officers and, in the absence of clear evidence to the
contrary, courts presume that they have properly discharged their
official duties”). Given FOIA’s prodisclosure purpose, however, the
less stringent standard we adopt today is more faithful to the
statutory scheme. Only when the FOIA requester has produced
evidence sufficient to satisfy this standard will there exist a
counterweight on the FOIA scale for the court to balance against
the cognizable privacy interests in the requested records.
Allegations of government misconduct are “ ‘easy to allege and
hard to disprove,’ ”
Crawford-El v.
Britton,
523 U. S. 574,
585 (1998), so courts must insist on a meaningful evidentiary
showing. It would be quite extraordinary to say we must ignore the
fact that five different inquiries into the Foster matter reached
the same conclusion. As we have noted, the balancing exercise in
some other case might require us to make a somewhat more precise
determination regarding the significance of the public interest and
the historical importance of the events in question. We might need
to consider the nexus required between the requested documents and
the purported public interest served by disclosure. We need not do
so here, however. Favish has not produced any evidence that would
warrant a belief by a reasonable person that the alleged Government
impropriety might have occurred to put the balance into play.
The Court of Appeals erred in its
interpretation of Exemption 7(C). The District Court’s first order
in March 1998—before its decision was set aside by the Court of
Appeals and superseded by the District Court’s own order on
remand—followed the correct approach. The judgment of the Court of
Appeals is reversed, and the case is remanded with instructions to
grant OIC’s motion for summary judgment with respect to the four
photographs in dispute.
It is so ordered.
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