FOIA: Crafting a Request

By Kelly Carr
February 19, 2008 11:54 AM

Unless records fall under one of nine exemption categories, The Freedom of Information Act allows reporters to access public documents from all federal agencies in the executive branch. State public record laws also hold government agencies accountable to release most public documents. As reporters, just by being members of the general public, it is our right to request and review this government paperwork.

Once you’ve determined you need to file a FOIA, it’s time to craft your request. Below are tips on the process from experienced journalists and The Reporters Committee for Freedom of the Press.

• Put together a letter. To preserve all your rights under the FOIA Act, you should put requests in writing. The Reporters Committee for Freedom of the Press (www.rcfp.org) has a FOIA generator on its site to guide reporters through the letter-writing process. The site even breaks down the process for both state and federal requests and offers examples. In many cases you address the request to the FOIA officer of the department that holds the documents. If you are dealing with a state or local government agency, the letter is usually addressed to a public information officer or town/city clerk.


• Be specific, but not too specific. When reporters submit a FOIA request, they usually have a general idea of what they are looking for. But even if you are unsure of exactly what documents you need, aim to make your request as poignant as possible. But still, the request should not be so specific that it could eliminate information. Requests should ask for memos, e-mails, and all correspondence relating to your topic. 


• Set a date. Include a specific date of when you would like to have the documents. The usual courtesy is two weeks, but depending on what you’re requesting you may want to extend that. Make the determination on how much time to give based on the extent of the information you’re asking for and the labor you believe will be required to compile the documents. It might also be helpful to add a line that says, “I would like these documents as they become available.” This indicates that the agency doesn’t need to wait to assemble all the documents before sending any information your way.  Statute requires the agency deny or accept your request within 20 working days.


• Keep your own copies. Make copies of all requests and keep them on file. If you send a request by e-mail, copy yourself on the request. Always also ask for confirmation that the agency received your request, whether that’s through a fax receipt or e-mail. It’s also a good idea to follow up a faxed or e-mailed request with a hard copy letter. Just remember to keep copies of everything you send. That way an agency can’t come back two weeks later and say they never received the request or claim the language of the request was different.


• Fees and review. You may have to incur reasonable fees for the copying of requested documents. Ask the agency for an estimate, but also keep in mind that if you are worried about the cost or you’re not sure if you’ll need all of the documents, you have the right to inspect the requested paperwork in person.


• What if your request is denied? If your request or parts of your request are not met, ask the agency to list the specific exemption for why they are withholding the information. You have the right to appeal.


• Questions? The Reporters Committee for Freedom of the Press has a 24-hour legal defense hotline for journalists and media lawyers. That number is (703) 807-1904. Also, make sure to keep your editor in the loop throughout the process. Depending on the outcome of your request, your editor may decide the matter should be discussed with your publication’s attorney.

For More Information

• The Reporters Committee for Freedom of the Press (www.rcfp.org) – guides to writing FOIA requests, the latest news on FOIA and a “reading room” to verse your mind in everything FOIA.


• First Amendment Center (www.firstamendmentcenter.org) – analysis on current FOIA disputes, glossary of terms, FOIA experts and a First Amendment Library for information on speech, press, assembly, petition and religion.


• Investigative Reporters and Editors (www.ire.org) – offers a FOIA center with tip sheets, beat resources and information on state public record laws.


• Sunshine Week (www.sunshineweek.org) - home base for activities surrounding Sunshine Week, which is held annually and is sponsored by the American Society of Newspaper Editors. The event encourages dialogue on the importance of open government and freedom of information. The site has FOIA news and tools for reporters.

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Copyright © 2008 Donald W. Reynolds National Center for Business Journalism