Department of the Treasury v. City of Chicago, which likely will be heard by the Supreme Court next month, has the potential to significantly narrow the application of the Freedom of Information Act (FOIA). Any time a case involving FOIA comes before the Supreme Court it is a cause of concern for public access advocates since any Supreme Court ruling introduces a binding precedent throughout the legal system.

The case concerns a gun trace database maintained by Treasury's Bureau of Alcohol, Tobacco and Firearms. The Treasury Department seeks to bar Chicago from obtaining information such as names and addresses of gun purchasers from the database. The Department of Treasury only recognizes the privacy interests of the information, and not the broader public interest in law enforcement or gun policy issues. The Treasury Department argues that Freedom of Information Act’s disclosure requirements only applies to records that directly “cast light on he ATF’s performance."

If the court finds in favor of the Treasury Department it would significantly narrow the reach of the FOIA. The legislative history of FOIA firmly establishes a broad disclosure mandate. Previously in this case the Seventh Circuit Court of Appeals reaffirmed that mandated ruling for the City of Chicago. So the Supreme Court would have to overturn that ruling to limit the disclosure of information. Such a holding could well end the use of FOIA to uncover critical information in government files that concerns the health, safety, security and welfare of the public.

Amicus briefs, statements from “friends of the court,” supporting the City of Chicago have been filed by the National Security Archive, the Reporters Committee for Freedom of the Press, and the Electronic Privacy Information Center.